Fremont, CA – Bay Area Family Lawyer Lists Steps to File for a Restraining Order

No means no. Unfortunately, some people don’t respect you or your boundaries, and simply asking them to stay away doesn’t suffice. Time and time again, they’re at your doorstep, outside your job, lurking in the shadows and making you feel unsafe.

It has to stop. Take action and file a restraining order.

What is a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order is a court order designed to protect one party from another party with whom the party is, or was formally, in a specific type of relationship:

• Married or registered as Domestic Partners,
• Separated or divorced,
• Currently dating or formally dated,
• Living together or formerly lived together,
• You have a child(ren) together
• Closely related (i.e., parent, child, sibling, grandparent, in-law)

This protection includes harassment, physical abuse, stalking, or threats of violence.

Domestic Violence Restraining Orders may include one or more of the following:

• Personal conduct order – An order that prohibits the restrained party from committing certain acts against the protected party. This might include, but is not limited to, making phone calls, harassing, threatening, destroying personal property, or assaulting the protected party.
• Stay-away order – This order requires the restrained party to remain a certain distance from the protected party, including their home, work, children, and other specified places.
• Residence exclusion order– In the event the two parties are living together, a residence exclusion order requires that one party vacate the premises.

Depending on the reason(s) for your Domestic Violence Restraining Order, one or all of these orders may be required. When in doubt, it is prudent to consult a qualified Family Law attorney.

Steps for Filing a Domestic Violence Restraining Order

An experienced Family Law attorney will be able to guide you through the process and provide knowledge and support from start to finish. Once you are ready to begin, the steps for filing a Domestic Violence Restraining Order are as follows:

1. Complete court forms and prepare to file.
2. File forms with the court.
3. Coordinate to have the restrained party served.
4. Attend the court hearing.
5. Review terms of the restraining order for accuracy.

The process takes some time, but many judges will grant a temporary restraining order after the initial forms are submitted (depending on the severity and urgency of the filing documents) so there is some protection granted leading up to the hearing date.

At the hearing, the restrained party has a chance to contest the restraining order. The onus is on you to bring proof of abuse to the hearing to illustrate your need for the restraining order. Proof might include, but is not limited to:

• Photos
• Medical reports
• Police reports
• Damaged property
• Threatening voicemails, emails, or texts

It may seem like a lot of legwork, but your health and safety are worth it. Hiring a Family Law Attorney will help you to determine what evidence is sufficient at the hearing. The attorney may also help you collect evidence if medical reports or police reports are needed, and you do not currently have them in your possession.

Bagner Law, PC

There comes a time when enough is enough. Vonnah Bagner is an attorney specializing in Family Law. She boasts years of experience and has helped numerous clients receive the results they need in situations just like the ones discussed above.

They will help you get the resolution you need. Contact Bagner Law, PC today and find out more.

If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!