Oakland, CA – Role of a Family Lawyer in Domestic Violence Restraining Orders

Sometimes it might seem that there’s no way to break the cycle of abuse when you’re stuck in a situation that involves domestic violence, but there is a way and you have to take it. A family lawyer, such as Vonnah Bagner of Bagner Law, PC, will help.

Not only are they there to provide knowledge and insight throughout the upcoming legal proceedings that will slap a restraining order against your abuser and send them on their way, your lawyer will also be an ally and an advocate to ensure you are granted the situation that best suits your needs.

There from the Jump

There are some things you can do to start on the process of filing a restraining order before visiting your lawyer, but visiting a lawyer first is not bad by any means. Making the lawyer’s office your first stop helps provide you with the blueprint on where to go and what to do next.

In California, a restraining order begins by filing a request officially with the court. Depending on the circumstances, the court may issue something temporary to distance you from your abuser while the eventual hearing date approaches.

Your family lawyer will help in obtaining these necessary documents, ensuring you are safe as the official request is filed with the court, and guarantee you are never put in harm’s way while proceedings begin.

Representation and Advocacy

Once the hearing date arrives, your family lawyer is by your side, helping you navigate proceedings and ensure you arrive at the optimal outcome.

The court may request evidence of domestic violence, including dates of incidents, the nature and severity of these incidents, and other means to substantiate your claims. This can become increasingly complicated if your abuser is refusing to back down, alleging their innocence.

It is very painful recounting and essentially reliving these experiences for those who have suffered domestic violence. Your family lawyer will provide representation and ensure you are not required to share any information you are uncomfortable with, as they will gather the evidence ahead of the hearing date and share it on your behalf to illustrate the need for a restraining order.

Once all the facts are considered, the court will issue a restraining order that will legally prohibit your abuser from approaching you, contacting you, entering your home or workplace, and abiding by other terms as you and the court see fit.

Enforcement

In the storybook, the restraining order is a happily ever after, but this is not always the case in reality. At times, the restraining order’s terms must be revisited or modified to manage the unlawful and potentially dangerous behavior of an abuser.

It is necessary, at times, for your family lawyer to assist in enforcing the terms of the restraining order by either contacting law enforcement on your behalf or entreating the court to issue a harsher sentence if your abuser simply won’t get the clue.

Vonnah Bagner of Bagner Law, PC is well-acquainted with the process related to restraining orders in the East Bay area, and she and her team are standing by to assist you now.

Don’t wait; call today for more information.