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Domestic Violence Restraining Orders - Questions Answered
Experienced Santa Clara County Lawyer Can Help

A Domestic Violence Restraining Order (DVRO) is a legal mandate by a court that commands or directs that something be done or not done. A restraining order is granted after the court order is signed by the judge and restricts the person of the order from certain activities, such as getting within a certain distance from the petitioner or limits the activities of the respondent.

Because it is signed by a judge, it is a civil order that can protect you from being physically abused, threatened, stalked, or harassed. Basically it is telling your abuser to stop the abuse or face legal consequence that could end up with serious fines and-or jail. Filing a restraining order in California requires a number of forms and a court hearing. Contact the police immediately if the restraining order is violated.

How can restraining orders help?

They can order the respondent to the following:
  • Not contact or go near you, your children, other relatives, or others who live with you
  • Not have a gun
  • Move out of your house
  • Follow child custody and visitation orders
  • Pay child support, spousal or partner support

What if you are served with a temporary restraining order?

Because a temporary restraining order is illegal to disobey, you can be prosecuted for ignoring the it. If you persistently ignore the court’s order by violating the temporary restraining order the judge may impose a permanent restraining order that will last at least three years. The first (also called "temporary") order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to five years.

Violating a restraining order can result in criminal charges, as well, resulting in jail, fines, a permanent criminal record, and monitoring by the court. Local authorities can immediately detain and arrest any person violating any restraining order. Restraining orders have the advantages of strict law enforcement code intended to offer protection for those being threatened by another.

A Domestic Violence Restraining Order is a legal action for people who have abused you whom you have close relationship with including:

  • Married or registered domestic partners
  • Divorced or separated
  • Dating or used to date
  • Living with you or used to live with you
  • You are related to them (parent, child, brother, sister, grandmother, grandfather, mother-in-law, son-in-law)
  • You have a child with them

Being roommates does not qualify for getting a DVRO.

(There are other types of protection orders, by the way, that should not be confused with a Domestic Violence Order of Protection such as: Civil Harassment Restraining Orders Elder or Dependent Adult Protective Orders and Workplace Violence Restraining Orders).

How much do all of these restraining orders cost?

In most cases there are no court fees to get-obtain-request in person a restraining order.

Has your restraining order been violated?

There are some basic and common sense things to do if your restraining has been violated: Make sure there was a real violation before reporting an incident to police. Always read your order thoroughly so you know all of the conditions which may constitute a violation. Store your restraining order in a safe place nearby. If you are outside in a public place during a violation you may be asked to show it to the police to ensure a quick arrest. Find out from your local police department how to report violations and what are their policies. If you have an attorney call them and report the incident.

I got a restraining order ... can I fight it without jeopardizing my case?

If a restraining order has been filed against you can legally fight against it. Hiring a family law attorney can help you comply with the court and may prevent a temporary restraining order (TRO) from being turned into a permanent restraining order (PRO). Once the TRO is issued, the court holds a second hearing where the other side can tell their story. The court decides whether or not to make the TRO permanent. "Permanent restraining orders" are not always forever permanent. They may last from only a couple weeks to a couple of years. Restraining orders may often accompany criminal charges and remember that your own actions and ability to defend yourself will be restricted by a TRO or PRO. The most important thing to do is to comply with all conditions of the PRO, This way, you reduce the chances of the court order being renewed when the expiration date of your restraining order comes up.

Attorney at Law Ivy Chien, P.C., has vast experience in Santa Clara County representing those who require legal help in getting DVOP's against someone threatening them; and conversely she is equally legally adept and skilled in helping those who have a DVOP served against them. If this is the case, divorce lawyer Ivy Chien will:

  • Review your case - get your side of the story
  • Determine what type of restraining order you have received from the court
  • Explain exactly what your TRO is telling you what you can or cannot do
  • Determine whether or not you are a real threat to the party who issued the restraining order
  • Explain to you in detail all the necessary steps to fight your restraining order and help to make it go away.

How can I get my restraining order lifted?

The best method for lifting or repealing a restraining order is strict compliance and compelling representation from an experienced family law attorney. Ivy Chien can petition the court to lift your restraining order. Effective legal representation by your attorney will help you to show the court your positive intentions. Conveying your positive messages to the courts, in the most upstanding way, should be done by an experienced family law attorney and a lawyer you can trust.

For additional questions contact Ivy Chien, P.C., Attorney at Law, in San Jose, CA.

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Restraining Orders
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1625 The Alameda, Suite 204
San Jose, CA 95126
(408) 885-8880
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