Restraining Order Attorney Explains Domestic Violence Restraining Orders (Family Law Code 6250 and 6300)
A domestic violence restraining order is a court-issued order to protect a person from physical pain or injury, or the threat of pain, injury or abuse. These types of restraining orders are generally issued against family members or a member of the household, but they can also be issued against anyone who is threatening your safety or the safety of others.
Our skilled domestic violence restraining order attorneys understand the different types of restraining orders and how the court handles these cases. Our law firm has been successfully representing clients in court for domestic violence restraining orders for more than 40 years. We can help you now.
If you wish to file a domestic violence restraining order against someone or if someone has filed a domestic violence restraining order against you, contact our law firm at (877) 466-5245 right away for free, immediate advice from an experienced restraining order attorney.
Why Hire Wallin & Klarich?
The success of our domestic violence restraining order law firm has helped us earn the highest achievements in the legal industry, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
Over the past 40 years, our restraining order attorneys at Wallin & Klarich have helped many clients obtain favorable outcomes in their restraining order matters. Here are just a few testimonials provided by some of our past clients:
“I had a domestic violence restraining order filed against me and I thought I would be forced to not see my kids for a long time. Thankfully, Wallin & Klarich was there for me at the hearing and they convinced the judge not to grant the permanent restraining order. I was able to see my kids again and we are all so happy.”
“I called Wallin & Klarich when I needed to file a domestic violence restraining order against my boyfriend. He was sending threatening voicemails and text messages to me with threats against my children. I was really scared to go to court. Wallin & Klarich did the work for me and were able to have the domestic violence restraining order against my boyfriend granted. I feel much safer now thanks to the help of the attorneys at Wallin & Klarich. I would recommend this lawyer to anyone in need of help.”
Call Our Restraining Order Lawyers at Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable restraining order lawyers are committed to defending your rights and protecting your safety. Call our law firm today for immediate help with your restraining order matter.
For more information on domestic violence restraining order matters in California, read below or simply pick up the phone and speak to one of our lawyers today. Contact our offices at (877) 466-5245 for a free telephone consultation.
What is a Domestic Violence Restraining Order? (Family Law Code 6250 and 6300)
There are two types of court orders that prevent an individual from having any contact with a person who requested the order: a criminal protective order and a restraining order. Laws regarding restraining order types can be found under Family Law Code 6250 and 6300.
A criminal protective order prevents a person from having any type of contact with a particular person or visiting a certain location. This type of order is common in criminal cases. On the other hand, a restraining order is a civil matter and is not contingent on a criminal case (although they can be a part of a criminal case, such as a domestic violence case).
Restraining order matters are very complicated. One big reason why is because there are four types of restraining orders that you may be able to file.
Types of Restraining Orders
The four types of restraining orders include:
- Emergency Protective Order (EPO) – This type of restraining order is used mostly by law enforcement to protect individuals from imminent threat of harm. These are temporary orders that are valid for five days. They are common in domestic violence and other criminal cases.
- Temporary Restraining Order (TRO or DVRO) – This civil restraining order is also a temporary court order valid for 15-21 days. TROs are common in domestic violence cases, and the victim may try to extend the order as a permanent order for up to five years at a court hearing.
- Criminal Protective Order (CPO) – This type of restraining order is obtained through the district attorney’s office and is typically used to protect victims of and/or witnesses to a crime. The individual it is issued against is ordered not to have any contact with the victim. These restraining orders can be lengthened to last for up to 10 years through the court process.
- Civil Harassment Restraining Order (CHO) – This is a civil order that can be used to stop harassment by a certain individual, such as stalking or unwanted repeated contact. These can be brought against neighbors or anyone who is else you feel may need to be restrained.
Although each of these restraining orders is different, they all have the same goal of protecting one individual from another. They restrained person is typically prohibited from having any type of contact with and from coming within 100 yards of the protected person’s home or place of work. If the restrained person violates the order, he or she faces immediate consequences, including arrest. Visit our restraining order violation page for more information on what to do if you are accused of violating a restraining order.
Regardless of the type of restraining order you are seeking or if a restraining order has been filed against you, you should seek the help of our knowledgeable restraining order lawyers at Wallin & Klarich. Our law firm can represent you in court so that you have the best chance at success at the restraining order hearing.
Domestic Violence Restraining Order FAQs
There is no doubt that you will have numerous questions if you are involved in a situation that necessitates the use of a domestic violence restraining order. Each case is different, so we highly recommend you contact our skilled domestic violence restraining order lawyers in order to go over your case in detail. However, here are the answers to some of the questions our restraining order attorneys are asked frequently:
How old do I need to be to get a restraining order?
The law requires that you be at least 14 years old in order to file a restraining order.
How long does it take to get a restraining order?
Once your lawyer applies for a restraining order, the judge has two business days to decide whether to grant your request for protection. If the judge grants your request, a temporary restraining order that lasts for up to three weeks (or until your hearing in court) will be issued. At the hearing, the court will decide if a permanent restraining order will be issued.
Do I have to go to court in order to get a restraining order?
Yes, you must go to court to file a request for a restraining order. You will also have to attend a hearing in person where the other person may be present. However, you do not need to go to court alone. Our skilled restraining order lawyers will be there to help you through the entire legal process.
What if the judge does not grant my request for a restraining order?
If the judge does not grant your request for a restraining order, there may be other types of emergency orders available to you. Consult with your restraining order attorney to determine the next course of action for your specific situation.
Where Can I Find an Experienced Restraining Order Lawyer Near Me?
The restraining order process is very complex, and we understand that this is likely a stressful time for you. That is why our caring restraining order lawyers at Wallin & Klarich are here for you. Our lawyers have more than 40 years of experience successfully representing clients in domestic violence restraining order matters. Let us help you now.
With offices located in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, there is an experienced Wallin & Klarich restraining order lawyer available to help you no matter where you work or live.
Call our offices today at (877) 466-5245 for a free phone consultation regarding your matter. We will be there when you call.