Restraining Order Attorneys in Sacramento
Your Options for Protection from Domestic Violence
If you are the victim of domestic violence of any kind in California, you have the right to seek protection and put a stop to the abuse. One of the most common ways to do so is to file a domestic violence restraining order (DVRO), which is a type of civil court order that threatens legal consequences if the abuser continues his or her actions.
The team at The Law Office of David A. Martin & Associates can help you file for a DVRO to ensure your safety in the face of abuse or violence.
Your Restraining Order Options
There are special and specific remedies available to a victim of such violence, and anyone involved in such a dynamic is encouraged to protect themselves through these laws. If you are a victim of someone else who has abused you physically, emotionally or financially, assert your right to be protected and do it immediately. If you’re looking to obtain the protections of a Domestic Violence Restraining Order (also called a family law restraining order), you can speak to an attorney at The Law Office of David A. Martin & Associates and we’ll help you prepare, file, and present evidence of your case. We will seek orders for your protection against domestic violence, including orders allowing you the immediate use and possession of your residence, orders for child custody, property control and attorney’s fees.
It is also true, and unfortunate, that not all alleged victims are actual victims. Because of the significant remedies available to a true victim, some people falsely accuse others of violence or other bad conduct in order to take advantage of those remedies. Even a poorly stated application, if it contains sufficient allegations, will be processed and granted before the restrained party even has a chance to dispute the claims, and this often results in an order that requires you to immediately leave your home, give up your children, turn in your firearms, and lose access to your property, and then it exposes you to arrest for violation of the order. You will eventually have an opportunity to dispute the claims, but that can seem a long time to wait for someone who’s been served with a Temporary Restraining Order.
If this has happened to you, don’t lose your cool and don’t lose your rights. Call the attorneys at The Law Office of David A. Martin & Associates at (916) 299-3936.
Do I Need a Lawyer for a Restraining Order Hearing?
It is not legally required that a lawyer be present with you at your restraining order hearing, however, due to the complexity and interpretation of the law, having a lawyer present is strongly recommended.
Do I Need an Attorney to Help Me Complete Restraining Order Paperwork?
Whenever you believe you need protection from an abuser, you must complete paperwork and file it at your county courthouse for the judge's signature. Your attorney can help you complete the paperwork or determine if you need a restraining order or if you should seek police or other assistance. You may complete the paperwork yourself or contact your attorney to ask for assistance.
The paperwork doesn't require an attorney, but as with any legal situation, it's wise to consult with an attorney.
Who Qualifies for An Order of Protection in California?
You must typically have a relationship with the person who harmed you in order to qualify for an Order of Protection. Here are some examples:
The person who hurt you was your spouse;
A divorce or separation from your hurtful partner;
Persons related to the person who hurt you (parents, stepparents, children, aunts, uncles, grandparents, cousins, or someone you have a child with, or someone you say you have a child);
Currently dating or formerly dating someone who has hurt you;
The person who hurt you is engaged to (or was previously engaged to) you;
A relationship with the person who hurt you (or formerly a relationship with the person who hurt you);
You may also be an adult with a disability.
As soon as a restraining order is filed, it is effective upon completion of the judge's signature and will last until the court date, usually a few weeks after the restraining order is filed.
What Can a DVRO Do?
A DVRO can offer broad and extensive protections. A judge can craft the terms of the restraining order to fit your situation.
A DVRO can:
- Prevent the person from contacting you or coming within a certain distance of you, your home, or your work
- Prevent the person from contacting your children
- Order the abuser to leave your shared home, even if you do not own or rent it
- Grant you custody of children you have with the abuser
- Grant you possession/care of shared pets
- Prohibit the abuser from purchasing or possessing a firearm
Judges have broad discretion when issuing DVROs and can tailor your order to your unique needs and circumstances.
Keep in mind that a DVRO cannot:
- Terminate your marriage or domestic partnership
- Establish paternity of your child with the alleged abuser
Are There Alternatives to a DVRO?
A DVRO can only be issued for instances of domestic violence—meaning the violence must take place between individuals who have an intimate or familial relationship.
This could include:
- Dating partners
- Former spouses/dating partners
- Someone who lives or has lived with you and who has a closer relationship to you than just a roommate
If your relationship with the abuser does not meet these qualifications, you can still seek a civil harassment order.
Do you have further questions about restraining orders in Sacramento? Call The Law Office of David A. Martin & Associates at (916) 299-3936 now.