Bagner Law has grown to become the East Bay Area’s leading family law practice by deftly handling a wide range of domestic disputes. This includes filing a restraining order with the courts to prevent further problems with domestic abuse.
Having a lawyer file the restraining order request for you courts streamlines the process and increases the likelihood of court approval. This includes safely serving the restraining order to the alleged abuser.
What Is Domestic Abuse?
The state of California defines domestic abuse as acts committed against an intimate partner. This includes intentional or reckless use, or threatening the use of, physical force against an intimate partner.
What Is a Restraining Order?
Also known as a “Protective Order” a restraining order is a court order prohibiting an abuser from contact with the victim or other associated individuals. Typically, the abuser is ordered to not come within 100 yards of the victim.
However, a judge will modify a restraining order to increase this to a greater distance if they feel it’s necessary. They might also include no-contact clauses preventing the abuser from calling, texting or messaging the victim.
How Long Does a Restraining Order Last?
Emergency and temporary restraining orders go into effect immediately and typically last for 21 days or until a hearing can be scheduled with the courts. At that point a judge will hear evidence to determine if the restraining order should be extended, modified, made permanent, or repealed.
If approved a permanent restraining order can have a duration of up to five years or more. In the case of a divorce proceeding, a restraining order will remain in place even if the two parties come to a settlement.
Do I Need a Lawyer to File a Restraining Order?
While you don’t technically need a lawyer to petition the court for a restraining order, it is in your best interest to have a family law expert handle the process. You need a legal expert with the experience to help guide you through the process of filing a restraining order as well as how to handle many of the situations that might follow.
The initial paperwork submitted to the court needs to satisfy specific criteria for the temporary restraining order to be approved. Once the temporary restraining order is granted the abuser’s attorney will be given the opportunity to scrutinize this petition. If anything is missing or not filed correctly, they might use it to contest the restraining order.
You don’t have to worry about any of these problems when you have Bagner Law on your side. We have decades of experience successfully petitioning the courts throughout the East Bay Area for temporary and permanent restraining orders. We won’t rest until you can sleep easy, knowing you’re protected by an iron-clad restraining order.
