If you or a loved one is the victim of domestic violence, there are legal remedies available under the California Family Code to help protect you from further harm. Temporary restraining orders can provide relief if you are facing physical abuse, assault, threats, or harassment by a spouse, partner, or family member. Domestic violence restraining order matters can be legally complex and technical. The dedicated family law attorneys at Bednarczyk & Valerio can help you navigate the legal process — and work to obtain legal protections, or assist in preparing a defense to meritless allegations of abuse.
A temporary restraining order — commonly referred to as a “TRO” — is a type of restraining order that requires the person alleged to have abused or harassed to immediately stop their harmful actions and stay away from the protected person. It is used in urgent situations to provide emergency protection when a victim is facing an imminent threat from someone with whom they are in a close relationship. Importantly, you can request a temporary restraining order without notifying the abuser first. The order will remain valid for a limited amount of time, typically between 20 and 25 days, until a hearing is held to determine whether a permanent restraining order should be put into place.
A TRO can require that the abuser stop the actions that are specified in the order, including the following:
A temporary restraining order can also give you the exclusive possession of the home, and grant you temporary child custody and ownership of pets. In addition to not being able to go to certain places, a TRO can impact the restrained person’s ability to see their children, obtain a visa or green card, and own a firearm. In addition, the abuser might be required to attend a treatment or counseling program. If the restrained party disobeys the TRO, they could face a number of consequences — including civil penalties for contempt of court, substantial monetary fines, probation, or jail time.
The legal process associated with obtaining temporary restraining orders begins with completing the necessary paperwork and submitting the written request with the court. Since TRO hearings are ex parte — meaning, they do not require the abuser to be notified before the application is made — the family law judge will make a decision about the application based solely upon the declarant’s written declaration and supporting exhibits. The judge may grant your request for a TRO in whole or in part, or the request can be denied in whole or part. Depending on the facts of your case, a TRO can also include collateral orders, such as a child custody order.
The evidence you present in support of your TRO request is critical to getting your application approved. For instance, threatening text messages or voicemails, photos of injuries, medical records, and witness affidavits can all be used to support a claim. You will also be required to present testimony to the judge and in front of the alleged abuser about the abuse or harassment incidents that have occurred.
While temporary restraining orders become effective immediately, all of the court papers (including a copy of the signed TRO) must be served on the other party for the order to be enforceable. Usually, the papers are served by a sheriff or marshal, but you can have another person who is not a party to the action serve them. The service of notice must also inform the restrained party of the date they need to return to court.
Temporary restraining orders are a serious matter and a complicated area of the law. At Bednarczyk & Valerio, we understand that the court process can be complex and overwhelming. Our legal team will walk you every step of the process.
A TRO is only meant to be in place for a short duration (until the time of trial). However, you may be able to extend the temporary restraining order or have it converted to a permanent domestic violence restraining order (DVRO) at the evidentiary hearing (trial). This can give you the same protections as the TRO, but for a longer period of time. If granted, a DVRO will usually last no more than five years, but you can file a special application three months before it expires if you feel it is necessary to renew it.
The legal team at Bednarczyk & Valerio will evaluate your case, draft the necessary legal documents, and advocate on your behalf. As experienced litigators, we have a deep understanding of the court process and can help ensure you are educated about your legal options.
If you have been abused by someone with whom you are in a close relationship, or someone has obtained a temporary order of protection against you, it is critical to get the legal help you need. Located in Walnut Creek, California, Bednarczyk & Valerio, LLP offers trusted representation to clients in California for a wide variety of family law matters, including those involving temporary restraining orders. Call 925-464-2494 or contact us online to schedule a consultation to learn how we can assist you.
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