If you are a victim of domestic violence in California or fear an attack from a current or former spouse/romantic partner, someone who shares a child with, someone you live(d) with, or a relative is imminent, you may obtain a restraining order. Also known as a protective order or order of protection, this type of court order prohibits an abuser from contacting or being within a certain distance of a victim and his/her loved ones, and even remove the abuser from the family home.
The following are the three types of domestic violence restraining orders (DVROs) in California:
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Emergency restraining order – When the police respond to a domestic violence incident, an officer can call a judge – whether it is day or night – and request an emergency protective order on your behalf. If a judge believes that you or your child is in immediate or present danger of abuse, then the protective order will be issued and immediately go into effect. An emergency protective order lasts five business days or seven calendar days (whichever is sooner), which should be enough time you to request a domestic violence order.
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Temporary restraining order – Also known as an “ex parte” protective order, this restraining order will last until your scheduled full hearing, which is typically within three (3) weeks. You can request a temporary restraining order if you are in immediate danger and in need of immediate protection.
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Final restraining order – A court hearing will be held and both sides will present their case, then a judge will decide whether to grant the order. A final DVRO that can last between three (3) and five (5) years. If the final order is set to expire within three (3) months, you can request an extension of another five (5) years, or permanently, without having to prove further violence against you.
If you are interested in obtaining a final restraining order in Granite Bay or Placer County, contact Myers Family Law today at (916) 634-0067 to let us protect you against further violence. We have more than 25 years of legal experience.