How Long Does a Domestic Violence Restraining Order Last?
In domestic violence cases, the alleged victim may seek a domestic violence restraining order, which is a protective order that requires you to stay a minimum physical distance from the other person, their place of work and their home. A restraining order may forbid you from making any contact through telephone, email or any other form of communication for a certain period of time and can also prevent you from purchasing or possessing a firearm during the restrained period.
There are many other consequences you will likely face if a domestic violence restraining order is granted against you. If you live with the alleged victim, you may have to move out of your home. You may not be able to see your children for a certain amount of time. That is why many people wonder how long a restraining order lasts.
How Long Do Restraining Orders Last?
How long the restraining order issued against you will be in effect depends upon the type of restraining order the court issues.
An emergency protective order (EPO) may be issued against you without you ever going to court. If a police officer is called to your home on a domestic violence call, the officer can contact a judge and request an EPO on behalf of the alleged victim. This immediate order, which can remain in effect for up to seven days, is designed to temporarily protect victims until the court can hold a hearing on a domestic violence restraining order (DVRO).
If more than seven days will pass before the court can hold a DVRO hearing, it can issue a temporary restraining order (TRO) against you at an ex parte hearing. An ex parte hearing is an urgent court date that occurs when one party is seeking immediate intervention from the court.
Domestic Violence Restraining Orders
In order to issue a DVRO, a court hearing must take place. The restrained party must have been served with the restraining order, which means he or she received information regarding the date, time and cause of the restraining order hearing.
Judges can grant a domestic violence restraining order if there is sufficient evidence of physical or emotional abuse or threats of abuse.
If the court grants a DVRO, it will be in effect for up to five years. After the five-year period, the alleged victim could apply to have the DVRO extended. The court can grant this extension if it believes the victim has a “reasonable” fear that the restrained person will threaten, harass or abuse him or her again once the first restraining order expires.
Contact the Restraining Order Lawyers at Wallin & Klarich Today
A restraining order can have a major impact on your life. That is why you should contact an experienced restraining order lawyer if you or someone you care about has been issued an emergency or temporary restraining order.
At Wallin & Klarich, our skilled and knowledgeable restraining order lawyers have more than 40 years of experience successfully representing clients in restraining order matters. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich defense attorney available near you no matter where you work or live.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
