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Individual Attention & Experienced Advice

Domestic Violence Restraining Orders

Seeking Protection

Domestic violence happens in all types of families, regardless of age, education, and socioeconomic levels. Under California law, the types of acts that can constitute domestic violence are quite broad and include violence or threat of violence, stalking, and harassment. Anyone who has had an intimate or familial relationship with the alleged perpetrator of domestic violence can seek a domestic violence restraining order.

In family court, a temporary domestic violence restraining order is granted (or denied) based upon the written declaration and other paperwork the person requesting the order submits to the court. The court will set a hearing if the temporary restraining order is granted. The temporary order will remain in place until the hearing. The restrained party may file a written response to the request for restraining order before the hearing. If as a result of the hearing, the court believes it is more likely that not that the person requesting the order needs protection, a long term restraining order will be granted. If there are children, the court can also deal with custody and visitation issues at the hearing.

Defending Yourself Against A Restraining Order

Having a domestic violence restraining order issued against you is quite serious. Both men and women who have had orders issued against them often have to leave their homes. They may not be able to see their children during the temporary restraining order period and if a long term order is issued, it may result in the restrained person having no or limited visitation with his or her children. It can also effect a person's employment or potential employment. Under California law, once a restraining order is issued by the court, the order is immediately provided to all of California's law enforcement. This means law enforcement knows the minute they have contact with the restrained person that there is a restraining order in place. This can make things much more difficult for the restrained person in dealing with law enforcement.

No one should ever ignore being served with a restraining order or make the mistake of trying to defend yourself in a domestic violence case. Timko & LaSorsa has successfully challenged numerous domestic violence cases against our clients.

Call Timko & LaSorsa as soon as you know someone is seeking a restraining order against you so that you can present the best possible defense.

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