San Leandro, CA – Filing a Domestic Violence Restraining Order | Family Law News

If you or a loved one are in a situation involving domestic violence, it’s very important to take measures immediately to remove yourself from the situation and keep the offending party away from you and your family.

It starts with filing for a domestic violence restraining order, which is easy enough to say or threaten someone with, but how do you go about getting it done?

Bagner Law, PC provides answers and an outline on how to get a restraining order into effect immediately.

Fill Out and File

As with most legal matters, it all starts with obtaining the necessary forms, filling them out, and filing them with the court. Your local courthouse will have the forms, but you may locate them online through the California courts website as well.

To complete the forms, you may have to share triggering information, such as specifics of the abuse and dates and times of the incidents. You may also be subject to a filing fee, but certain individuals are eligible for fee waivers depending on their income.

Temporary Restraining Order

If the judge believes there is a realistic possibility of you coming to immediate harm, they will put a temporary restraining order into effect and serve your abuser. The restraining order will be served to this person by a process server or law enforcement officer and detail conditions in which they must not violate.

Those conditions could prohibit the abuser from entering your home or workplace, coming within a set distance of you, or contacting you through various means.

The temporary restraining order will remain in effect leading up to a court hearing, at which time the terms will be reviewed and the abuser will have their chance to contest the conditions before a judge and a court of law.

Court Hearing

Within a few weeks of filing, your abuser will be provided the opportunity to provide testimony on their own behalf and contest the conditions of the restraining order. If they are able to present evidence that exonerates them, they will not be subject to any additional restraining orders.

If the judge finds them guilty of the actions in which you alleged they perpetrated against you, on the other hand, the judge will issue a permanent restraining order with similar terms and conditions to the original temporary one. The permanent restraining order may last up to five years, and could be renewed.

After the court hearings, the restraining order goes into effect and your abuser must adhere to its terms or face arrest or criminal charges.

Bagner Law, PC

If you are considering filing for a restraining order, Bagner Law, PC will help. They provide guidance, support, and assistance throughout the process to help make a scary situation seem a little less scary.

Find out more today. Call Bagner Law, PC now.