You may want to file a restraining order if you are the victim of physical, verbal or mental abuse. There are different types of California restraining orders. Your options for filing a California restraining order can depend on your relationship with the abuser. If the abuser is your spouse, significant other or a close family member, filing a domestic violence restraining order (DVRO) may be your best option.
A California restraining order could help you in many ways. A restraining order could include the following orders:
The court can order your abuser to keep a certain distance. This order can include your school or workplace, your vehicle and other places that you frequently visit. If you live together, the court could order the defendant to leave the property.
You can request that the court order the defendant to stay away from your children and their places of school and work. Also, you can include protection for other household or family members in your restraining order.
Personal Conduct Orders
In addition to stay-away orders, the court can prohibit the defendant from contacting you. Contact can include, but is not limited to, telephone, text, e-mail or letter.
The restraining order could also forbid the defendant of committing further abuse.
You may request that the court grant legal and physical custody of your children. Keep in mind that the defendant may be granted visitation rights under specific orders.
In addition, the court could order the defendant to pay child support.
Gun and Firearm Orders
Under California law, the court may require that the restrained person not possess or own any firearms or ammunition while the restraining order is active. The defendant must show proof that their firearms have been turned in or sold.
What If My Abuser Violates My Restraining Order?
If your abuser violates their restraining order in any way, call the police and report it. It is a crime to violate a restraining order.
If the restrained person contacts you electronically, document the violation. Write down as much information about it as you can or take pictures.
Speak With a San Jose Restraining Order Attorney About Your Situation
If you are the victim of abuse and want to file a California restraining order in San Jose or the surrounding Bay Area, we recommend that you speak with an experienced, San Jose restraining order attorney to discuss your situation. If you have an intimate or close relationship with your abuser, filing a DVRO may be your best option.
Our San Jose restraining order attorney could help you understand your legal options. We could also help you file a restraining order. Contact the Law Offices of Thomas Nicholas Cvietkovich online or call us at (408) 404-8656 for a free, confidential consultation.
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