Fresno Lawyer for Restraining Orders & Orders of Protection
Get the Legal Protection You Need Under CA Law
Do you need to obtain a restraining order against another person? This can help protect you from the restrained person under a protective order. If you would like to discuss your case with a California attorney, please contact my firm today.
These can be established immediately and will be enforced by the Fresno, Kings County or Madera police department. I have an Avvo Rating of 7.0 - 7.9 Very Good, which is a reflection of my professional conduct and dedication to my clients involved in difficult circumstances such as this.
Don't hesitate to contact my firm if you need to obtain a restraining order.
What is a Restraining Order?
In a civil order, a restraining order can be obtained for protection. These are typically the result of a domestic violence issue. A restraining order can be signed by a judge to order the abuser to end his or her actions or else face serious legal consequences. As your Fresno restraining order attorney, I can help you obtain this protection from domestic violence and other abusive behaviors.
Restraining orders can be applied when reasonable facts are presented to show that abuse or violence has led to distrust in a domestic partner or spouse. You can request a restraining order against the individual who has either hurt or threatened you. If the abuser violates the restraining order, they can be instantly arrested. A restraining or protective order can be established during a divorce if evidence of domestic violence is presented.
As your Fresno restraining order lawyer, I can help you obtain an order that prevents the spouse from:
- Entering the marital home
- Contacting the victim
- Coming near the victim
- Entering the marital vehicle
- Harming the other party
- Harming a child
If you need a protective order to prevent a member of the family from abusing any other individual of the household, my firm can help! I represent clients who are facing issues of domestic violence or an imminent threat of physical injury with an individual of familial relationship. A restraining order can be established ex parte, or without the other party involved.
Types of Restraining Orders in Fresno County
There are three types of restraining orders that are based primarily on how long it lasts:
- Emergency Protective Order (EPO)
- Temporary Restraining Orders (TRO)
- Permanent Restraining Orders (PRO)
These types of restraining orders can fall within the following two categories:
- Domestic Violence Restraining Order
- Civil Harassment Restraining Order
Definitions:
- Emergency Protective Order (EPO) - Can go into effect immediately and can expire in as short as a few days.
- Temporary Restraining Orders (TRO) - Are the typical form of restraining orders with the exception that it lasts a limited time. These last a few weeks after a full restraining order hearing is held to discuss the next step.
- Permanent Restraining Orders (PRO) - These last for a certain number of years. They can be renewed and extended if the circumstance does not change.
- Domestic Violence Restraining Order – Provides protection for one or more victims of domestic violence. The victim(s) and the abuser must be related or in a domestic relationship that is recognized by law.
- Civil Harassment Restraining Order – Provides protection for one or more victims of threats, stalking or violence by another individual.
When to Get a Restraining Order
You need a restraining order if you feel threatened by another person and want them to stay away from you, or if you have suffered abuse and want protection from said abuser. When you request a restraining order, you will need to provide a statement explaining how the other party:
- Intentionally or recklessly caused or attempted to cause you bodily injury;
- Sexually assaulted you; or
- Placed you in "reasonable apprehension" of imminent serious bodily injury
If you have experienced any of the above, speak with an attorney from the firm immediately for legal help in requesting a restraining order.
How to Get a Restraining Order in California
The basic process for obtaining a restraining order in California is as follows:
- Fill out the required court forms neatly in blue or black ink
- File your completed forms with the court
- Receive a temporary restraining order from the judge
- Receive a court date from the clerk
- "Serve" notice of the restraining order to the restrained person
- Attend the court hearing (bring whatever proof of threats, harassment or abuse that you can)
- At the hearing, the judge decides whether to cancel the temporary restraining order or to continue it as a "permanent" restraining order
*There is no guarantee that the judge will grant a temporary restraining order or a permanent restraining order.
How Long Does a Restraining Order Last in California?
There are three types of restraining orders that have their own set duration. If you need immediate assistance, an emergency protective order (EPO) may be issued. These are very short-term (maximum of seven days) and are put into place for the safety of those involved. If the EPO expires before the court hearing, a temporary restraining order will be issued. Once the hearing takes place, the judge may grant you the domestic violence restraining order which can last up to five years. Once the five years has ended, you may apply for an extension if the victim can prove that he or she is still being harasser, threatened, or abused.
Can I Renew a Restraining Order?
Once the expiration date passes listed on your Restraining Order After Hearing, you will no longer be protected by it. If you have continued concerns about your safety in connection to the specific individual, you have the option to renew it. This will give it a new end date and allow for continued protection.
Prior to the expiration date, you can request an extension from the court. In some cases, you can make the restraining order last for up to five years. We encourage you to work with an experienced and competent attorney who can protect your rights and safety.
How to Terminate a Temporary Restraining Order in California
If either the protected party or the restrained party wish to terminate or modify the temporary restraining order, a petition must be filed with the court. The petition must be filed before the end date of the protection order and may be filed by either party.
What Qualifies You For a Restraining Order?
If a family or household member has committed acts of domestic abuse against you, then you may be eligible to seek a restraining order against them. A family or household member includes:
- Current or former spouses
- People you currently live with
- Someone you have dated or are currently dating
- Someone you are related to
- A person you have had a child with
Please note, you may file the petition for yourself, a minor child, or for someone else that is incapable of doing so.
What to do if Served with a Restraining Order
When a restraining order is taken out against you, you could be required to move out of your home, lose the right to visit your children, be banned from owning a firearm, and even required to pay child support or spousal support. If a restraining order has been taken out against you that you believe is unjust, do not hesitate to speak with our Fresno order of protection lawyer.
How Does a Restraining Order Work?
A restraining order, also known as a protective order or an order of protection, is a legal order issued by a court to protect a person from harassment, abuse, threats, or violence by another individual. The specific details and requirements of restraining orders can vary by jurisdiction, but they generally work in the following way:
- Obtaining a Restraining Order: To obtain a restraining order, an individual (the petitioner) typically needs to file a petition with the court. The petition usually includes details of the alleged harassment or abuse and the reasons why the petitioner believes they need protection. In some cases, the petitioner may need to appear before a judge to explain their situation.
- Temporary Restraining Order (TRO): In urgent situations where immediate protection is needed, a judge may issue a temporary restraining order (TRO) without a full hearing. A TRO is usually valid for a short period, often until a hearing can be held to determine whether a longer-term restraining order is necessary.
- Service of the Order: Once a restraining order is issued, it must be served on the respondent (the person being restrained) according to the rules of the court. This typically involves delivering a copy of the order to the respondent by a law enforcement officer or a process server.
- Restrictions and Prohibitions: The restraining order will specify the actions that the respondent is prohibited from taking. This may include staying away from the petitioner, their home, workplace, or children, as well as refraining from contacting them in any way, including in person, by phone, or through electronic means.
- Duration and Renewal: The duration of a restraining order can vary depending on the laws of the jurisdiction and the specific circumstances of the case. Some restraining orders are temporary and expire after a certain period, while others can be extended or renewed if the petitioner can demonstrate that the threat or harassment persists.
- Enforcement: Violating a restraining order is a serious offense and can result in legal consequences for the respondent, including fines, arrest, and criminal charges. Law enforcement agencies are responsible for enforcing restraining orders and responding to violations.
It's important to note that the process and requirements for obtaining and enforcing restraining orders can vary significantly by jurisdiction. If you need to obtain a restraining order or have questions about how they work in your area, it's advisable to consult with a lawyer from our firm.
What Happens if a Restraining Order is Not Served in California?
In California, a restraining order is not legally binding until it has been served upon the defendant. If a restraining order is not served, the plaintiff must file a new petition and restart the process. If a restraining order is served and the defendant fails to abide by its terms, they can face serious legal repercussions such as fines and jail time. Additionally, any restraining order violations may be used as evidence against the defendant in court.
Contact my firm, the Law Office of Zeppy Attashian, PC. , today to discuss your situation with a lawyer in Fresno, California.
