Domestic violence is a serious issue that affects individuals and families across California. For those facing threats or abuse, obtaining a domestic violence restraining order (DVRO) can be a crucial step towards ensuring personal safety. At Kendall Gkikas & Mitchell, LLP, we are committed to supporting our clients through this challenging time by providing expert legal guidance and compassionate support. Keep reading for an essential overview of what you need to know about domestic violence restraining orders in California, and how we can help.
What is a Domestic Violence Restraining Order?
A domestic violence restraining order is a court order that helps protect individuals from abuse or threats of abuse from someone they have a close relationship with. This could be a spouse, ex-spouse, domestic partner, someone you are dating or have dated, or a family member. A DVRO can include various provisions, including orders to cease contact, stay away from the victim’s home or workplace, and refrain from owning firearms.
Who Can Apply?
In California, anyone who experiences physical harm, sexual assault, harassment, stalking, or credible threats of violence from an intimate partner or family member can apply for a domestic violence restraining order. This protection is available regardless of one’s gender or the nature of their relationship with the abuser.
How to Obtain a DVRO
Obtaining a DVRO involves several key steps. The first step is to complete the necessary forms with detailed information about the nature of the abuse and the type of protection you are seeking. When you file your petition, you can also request a temporary restraining order (TRO), which can provide immediate protection. If granted, a TRO typically lasts until the court hearing for the permanent order, which is usually within 21 days.
A court hearing will be held where both the petitioner and the respondent can present their cases. Evidence of abuse, such as photographs, communications, and witness statements, can be crucial. If after hearing, the judge believes that protection is warranted based on the evidence presented, they will issue a DVRO, which can last up to five years and can be renewed.
How Kendall Gkikas & Mitchell, LLP Can Help with Domestic Violence Restraining Orders
The process of obtaining a DVRO can be complex. At Kendall Gkikas & Mitchell, LLP, we guide our clients through every step of the process. We help with the preparation and filing of all necessary documentation, represent you during court hearings, and advise on the best strategies to achieve the protection you need. If you are considering a domestic violence restraining order or need legal assistance related to domestic violence issues in Claremont CA, please contact us today at 909-482-1422. We offer confidential consultations to discuss your situation and legal options and can help you receive the protection and peace of mind you deserve.
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