If you are a victim of domestic violence or have been accused of domestic violence, we can help. Victims of domestic violence may be issued a restraining order for their protection. Domestic violence can take many forms.
The Domestic Violence Prevention Act protects against certain types of violence as outlined in the statute including: intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in “reasonable apprehension” of imminent serious bodily injury to that person or another, stalking, threatening, or harassing. It is important to note that restraining orders are not limited to only spouses. The request can be filed against a spouse, ex-spouse, domestic partner, cohabitant, child, parent, boyfriend, girlfriend, other blood relative or cohabitant.
There are several different types of restraining orders, depending on the circumstances of the case. A few include:
- Temporary Restraining Orders:
- A temporary restraining order (TRO) is an order given by the court prior to a full hearing on a permanent restraining order. This order is short in duration and typically is in place for a couple of weeks pending a hearing on the requesting party’s request for a permanent restraining order. A TRO may be obtained without prior notice to the alleged abuser.
- Permanent Restraining Orders:
- A permanent restraining order is a long-term order given by the court after a hearing during which the requesting and opposing parties are given an opportunity to present his or her case to the Court. The duration of a permanent restraining order is dependent on the circumstances of the case.
- Exclusive Possession Order:
- An Exclusive Possession order, also known as a “kick-out” order is an order by the court that requires the alleged abuser to move out of the residence where the domestic violence victim resides, giving the victim exclusive possession of the residence.
An application for a domestic violence restraining order provides a mechanism for temporary relief including stay away/no contact orders, temporary custody and visitation orders, an order requiring the alleged abuser to move out of the shared residence, temporary support, an order that the alleged abuser turn in firearms, and other appropriate relief. The Court can therefore make immediate orders to protect the safety of the victim and minor children, while providing other related necessary relief.
At Aeschleman Law, our San Jose Family law attorneys recognize that domestic violence may leave you feeling helpless. We are available to guide you through the legal process to obtain protective orders from the Court. Contact us today for a reduced rate full one-hour consultation to better understand your legal rights.
Wrongfully Accused of Domestic Violence
If you have been wrongfully accused of domestic violence, we can guide you through the Court process. Domestic violence allegations are serious. A domestic violence restraining order is a criminal restraining order enforceable by the police. A finding of domestic violence can affect your custodial rights to minor children. At Aeschleman Law we will assist you in getting a fair hearing and ensure that your rights are protected. Contact us today for a reduced rate full one-hour consultation to better understand your legal rights.
Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form on the bottom of this site.