Are You Feeling Threatened by a Significant Other?
Our San Jose Domestic Violence Attorney Can Help
When a romantic partner or spouse becomes violent, you may feel that you have very few options. Fortunately, there are laws and protections in place to help victims in their times of need. If family court orders or local police officers have not stopped the abusive party, it may be time to seek more official precautions to protect yourself and your family against abuse and further harassment. Official action, such as filing a domestic violence restraining order (DVRO), will also threaten serious consequences — such as arrest and imprisonment — if the abuser chooses to violate this order.
San Jose domestic violence lawyer Nick Cvietkovich has decades of experience defending victims of domestic violence. His experience in this field includes extensive work with DVROs. These orders are often beneficial for keeping domestic abuse victims protected during transitional times. If you feel that you may be in danger, contact our San Jose domestic violence attorney as soon as possible. He can ensure that you are protected by filing a DVRO if needed, informing you of all available legal options and fighting on your behalf.
Are You in Need of a DVRO?
A domestic violence restraining order is a necessary precaution if you feel threatened by your spouse or ex-partner. Domestic violence is clearly defined in the state of California. If a current spouse, domestic or romantic partner threatens or inflicts violence upon you, that would be considered domestic abuse under California law. However, abusers do not have to be a current romantic partner — they can also be a former spouse, boyfriend or girlfriend. Violence between two parents, even if there is no romantic or domestic relationship, would also be considered domestic abuse. Additionally, harm caused by a blood relative or relative by marriage — such as a brother, sister, aunt or uncle — can be defined as domestic violence.
If a family member or ex-partner causes or attempts harm upon you or a child, you can make a case for domestic violence. You may also pursue a DVRO if that person threatens you, and they lead you to believe that you or your loved ones are in immediate danger of physical injury or death. If at any time you are harassed or threatened through phone calls, texts, email messages or any other terrifying means, it could also be grounds for a DVRO. Additionally, if your personal property has been damaged or defaced by an abuser, it is in your best interest to request official legal protection. Please note that only parties who are married, have been married or who have romantically cohabitated are eligible to apply for a DVRO.
How Long Does a Restraining Order Last?
A restraining order is a decision made by the court that an individual must abstain from certain activities and/or keep a certain distance from another individual or set of individuals. A restraining order can last up to the discretion of the court: It can be as short as one month or last as long as five years, depending on the risk and other variables of the situation. Typically, the first restraining order that the court issues is a temporary restraining order (TRO). This kind of restraining order usually lasts ten days, but can last up to three weeks, giving you time to return to court to determine the length and severity of the actual order. If the victim would like more protection, he or she may request a renewal restraining order where the abuser is required to serve an additional restraining order that lasts up to an additional five years.
The purpose of a restraining order is to provide abused victims enough time to create the necessary changes needed in order to create a safe environment for themselves and their family. If the abuser continues to show signs of aggressive and/or dangerous behavior, further action can be taken to prevent potential future harm. If you feel as though your protections are not sufficient, a San Jose domestic violence attorney can assist you in establishing the proper boundaries and safety procedures.
Think a DVRO Is Right for You? Schedule a Free Consultation Today
Thousands of victims live with their abuse due to fear. Know that you have legal protections available to you. Seeking an experienced Bay Area domestic violence restraining order attorney can help make separating from your abuser safer and more efficient, allowing you to receive the protection you require and deserve. If you or someone you love is a victim of domestic abuse, call The Law Offices of Thomas Nicholas Cvietkovich at (408) 404-8656 or contact us online today to schedule a free consultation with our San Jose domestic violence attorney and get the help you need today.