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December 08, 2023

San Leandro, CA – Process for Submitting a Restraining Order | Family Law News

Posted in: Industry News

Pursuing a restraining order can feel like an uphill battle, with complex legal procedures and forms standing between you and safety from abuse. At Bagner Law, we understand how traumatic domestic violence and stalking can be. We also recognize how daunting and intimidating the system appears without an advocate on your side.

That is why we make it our priority to support clients like you through every step of securing these protective orders. We take time to evaluate your unique situation, listening with empathy while determining if you meet eligibility criteria. Once establishing grounds for moving forward, we help complete paperwork, make service arrangements, represent you in court hearings, and more. Throughout it all, our focus remains on you and helping you find hope again.

The first step is determining if you are eligible to file a request for a domestic violence restraining order. If you have experienced or are reasonably afraid of physical violence, sexual assault, emotional abuse, harassment, or stalking by a partner, family member, or roommate, you may qualify. Other abusive behaviors like manipulating finances or preventing you from working/going to school also fall under the umbrella.

Once establishing grounds for a restraining order, the next phase is completing the proper paperwork. This includes forms like the Request for Domestic Violence Restraining Order (DV-100) and descriptions of the latest incidents of abuse (Form DV-101). We assist clients in filling out all documentation accurately and thoroughly to strengthen the case. Missing information can cause delays.

With forms completed, you or law enforcement must formally serve them on the restrained person. If safety concerns exist, Bagner Law can arrange alternate service methods so you don’t risk further harm. The restrained individual must receive official notice of the hearing date, temporary orders, and consequences if the requests become permanent court orders after the hearing.

The court hearing is the next critical step for domestic violence restraining orders. You must attend the hearing, at which point a judge either grants or denies making the temporary order permanent. We represent clients in court, presenting arguments and evidence on your behalf to gain approval. The restrained person also has the right to argue their side.

If granted, the finalized restraining order prohibits the restrained person from contacting you, entering your home/workplace, possessing firearms, and more based on the case specifics. Law enforcement in San Leandro is authorized to enforce compliance. Bagner Law helps advise on proper reporting procedures if violations occur. We also provide accompaniment to hearings related to request extensions or modifications down the road.

Attempting to navigate San Leandro’s courts and legal processes alone to obtain a restraining order can quickly become overwhelming. The emotional turbulence you’ve endured has likely left you drained and uncertain where to even begin. Add in trying to understand proper procedures, deadlines, and hearings in an unfamiliar landscape, and it’s no wonder clients feel lost.

Yet there is still reason to have hope in all of this. By leaning on Bagner Law’s compassionate guidance tailored to your specific circumstances, we lighten your burden substantially. Our familiarity with local laws and systems allows us to simplify things and break processes down into understandable steps. We walk beside you on this journey while giving you a knowledgeable voice. Help is here – reach out to schedule your free consultation today.


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