A domestic violence restraining order (DVRO) is a court order designed to help protect people who have been abused or threatened with abuse by a spouse, partner, or other close relation. Obtaining a DVRO in Union City involves understanding eligibility requirements, the application process, types of orders available, and protections granted. This article provides a comprehensive overview of DVROs from the perspective of a local family law attorney.
Who Can Apply for a DVRO?
To be eligible for a DVRO in Union City, the victim must have an intimate relationship with the abuser, such as:
- A current or former spouse/partner
- Someone you have a child with
- Someone you live with or used to live with
- Certain blood relatives or in-laws
The abuse must also meet the legal definition under CA law, which includes physical harm, sexual assault, threats of harm, property destruction, harassment, and other acts.
Importantly, eligibility focuses on the relationship and abuse – not gender, sexual orientation, or length of time since the abuse occurred. I advise clients that even abuse from years ago may support a current application if that person is a threat.
Types of DVRO Orders
There are three types of DVRO orders I see issued in Union City:
- Emergency Protective Order – A police officer can request this immediate short-term order if responding to a domestic violence call. It is effective until the court hearing.
- Temporary Restraining Order – This order goes into effect when first applying for a DVRO until the court hearing, if the judge agrees you need immediate protection based on the circumstances.
- Restraining Order After Hearing – This is the final order issued after the court hearing. It can last up to 5 years and be renewed.
Protections and Relief in a DVRO
A comprehensive DVRO issued in Union City can potentially:
- Prevent the abuser from contacting, harassing, or approaching the victim and other protected parties
- Remove the abuser from a shared residence
- Require the abuser to move out and stay away from the victim
- Restrict the abuser from possessing firearms
- Grant temporary child custody and visitation
- Order the abuser to attend counseling or drug/alcohol treatment
- Require payment of child support, spousal support, and related expenses
- Grant exclusive possession of property and pets
I advise clients that the specific relief ordered depends on the facts of each case. My role is crafting requests tailored to your situation and advocating strongly on your behalf.
How to Apply for a DVRO
Below are the key steps in the Union City DVRO application process that I guide clients through:
- Obtain the request forms from the court clerk. Forms can often be submitted online as well.
- Complete all required forms thoroughly. Clerk instructions and my guidance can assist you in doing this accurately.
- File the request for an emergency/temporary order and get a hearing date. If granted, the temporary order goes into effect until the hearing.
- Arrange for proper service of the order to the abuser. This provides official notice. Law enforcement can assist with service in many cases.
- Gather evidence and prepare for your court hearing where the final order will be determined. Police reports, medical records, testimony, and other evidence can prove need.
- Attend the hearing and present your case effectively. Representation by an attorney skilled in domestic violence cases is highly advisable.
- If a final order is issued, obtain certified copies from the clerk. These are required for proper enforcement.
Obtaining a protective order through the DVRO process in Union City requires diligent preparation and determined follow-through. But the outcome can alleviate fear and prevent further harm. With an experienced attorney’s counsel, applicants can navigate the legal system successfully. If you need assistance with a DVRO application, please reach out to Bagner Law today.
