San Jose Restraining Orders Lawyer

San Jose Restraining Order Lawyer: Skilled Attorneys Serving CA

San Jose Restraining Orders AttorneyIf 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. The ‘restrained person’ is the individual against whom the restraining order is issued. 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. Our San Jose Restraining Orders Lawyer can help.

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 our San Jose Restraining Orders Lawyer today for a reduce-rate full one-hour consultation to better understand your legal rights.

Understanding Restraining Orders in San Jose

A restraining order is a court-issued directive designed to protect individuals from specific harmful behaviors, such as contacting or approaching another person. In the context of domestic violence, a restraining order can be a crucial safeguard for victims and their families. These orders are not limited to domestic violence cases; they can also be issued in situations involving stalking, harassment, workplace violence, or elder abuse.

In Santa Clara County, obtaining a restraining order involves filing a petition with the court. This petition must detail the behavior that prompted the request and explain why protection is necessary. If the court finds that the petitioner is in immediate danger, it may issue a temporary restraining order (TRO) to provide immediate protection until a full hearing can be held.

Types of Restraining Orders

California law provides for several types of restraining orders, each tailored to address specific situations:

Domestic Violence Restraining Order (DVRO): This order is issued in cases of domestic violence, which can include physical, emotional, or psychological abuse between spouses, partners, or family members.

Civil Harassment Restraining Order (CHRO): This order is designed for cases involving harassment, stalking, or threats of violence between individuals who do not share a domestic relationship.

Elder Abuse Restraining Order: This order protects elderly individuals from abuse or neglect, ensuring their safety and well-being.

Workplace Violence Restraining Order: This order is issued to prevent violence or threats of violence in the workplace, protecting employees from harm.

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. The other party in these cases is the individual who is being served court papers or involved in custody matters. At Aeschleman Law our San Jose Restraining Orders Lawyer 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.

Benefits of Hiring a Restraining Order Attorney

Engaging a restraining order attorney offers numerous advantages:

  • Expertise: A restraining order attorney brings specialized knowledge and experience, guiding you through the legal process with confidence.
  • Protection: An attorney ensures that your rights are upheld and that you receive the necessary protection.
  • Peace of Mind: Knowing that a dedicated advocate is working on your behalf provides significant peace of mind.
  • Increased Chances of Success: An attorney can enhance your likelihood of successfully obtaining a restraining order.

If you need a restraining order, it is crucial to consult a law firm that specializes in family law matters, including domestic violence and restraining orders. A reputable law firm can offer a free consultation to help you understand your legal rights and options.

Contact Our San Jose Restraining Orders Lawyer Today

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. Hiring a San Jose restraining order lawyer is crucial to ensure legal protection and guidance through the restraining order process. You may also contact Our San Jose Family Law Attorneys by filling out the form at the bottom of this site.