Marriages and relationships have their ups and downs. Sometimes, an argument elevates into a physical altercation that warrants law enforcement intervention and court action.
The alleged victim of domestic violence may seek a restraining order, which is a protective order requiring the alleged aggressor to say a certain distance away from the other individual, their home, and their workplace. Additionally, a restraining order may prohibit someone from making any sort of contact with the alleged victim, as well as purchase a firearm.
How long a restraining order is valid depends on the type of order it is. There are three main types of restraining orders in California: an emergency protective order (EPO), a temporary restraining order (TRO), and a domestic violence restraining order (DVRO).
Emergency Protective Orders
An EPO may be issued against you—without you or the alleged victim having to step foot inside a courtroom. If law enforcement is called to your home due to domestic violence, the officer can contact a judge and obtain an EPO for the alleged victim.
An EPO can stay in effect for a maximum seven-day period to temporarily protect victims until their court hearing to obtain a DVRO.
Temporary Restraining Orders
If an EPO expires before the DVRO hearing is held, then the court can issue a TRO against the alleged aggressor at an “ex parte hearing.” This type of hearing enables alleged victims to seek immediate court intervention for urgent matters.
Domestic Violence Restraining Orders
For a judge to grant a DVRO, there must be enough evidence of physical or emotional abuse or threats of such abuse in the case. A DVRO can last up to five years. If the five-year period ends, the alleged victim can apply for an extension of the restraining order in court to prove that he/she will be abused, harassed, or threatened by the alleged aggressor once the DRVO expires.
Accused of Domestic Violence? Call (805) 994-0560 to Let Wilfert Law P.C. Protect Your Rights & Reputation
A restraining order can have a negative impact on your personal life and professional reputation. Being accused of domestic violence can result in losing your job, getting suspended or expelled from college, or even losing custody of your children.
At Wilfert Law P.C., our legal team has more than a decade of experience helping our clients obtain the most favorable results in their cases. We can gather supporting evidence, build your defense strategy, and help you avoid being subject to a restraining order.
Contact us and schedule a free consultation for more information today.