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Fresno Domestic Violence Lawyer
Types of Protection & Restraining Orders in California
Domestic violence is a serious issue and should be handled cautiously. If you are suffering from abuse by an intimate partner or a household member, you should take immediate legal action.
The three types of protective and restraining orders you can choose to enact are:
- Emergency protective order - Emergency protective orders are issued on the scene by a law enforcement officer. They are given after a law enforcement officer explains the circumstances on the telephone to a judge to receive permission to issue the order.
- Temporary restraining order - The court can issue a temporary restraining order at an emergency hearing or after reading the victim’s declaration. These orders are usually suitable for 21 days but can be reissued.
- Permanent restraining order - After a temporary restraining order is issued, the court will conduct a hearing to determine whether there is a need for a permanent restraining order. If a permanent order is granted, it will typically last five years.
We are here to help -- don't wait. Speak with a domestic violence attorney in Fresno and Arnold Law Group, APC today. Complete an online form or call us at (559) 900-1263.
Actions Classified as Domestic Violence
At Arnold Law Group, APC, we have helped many individuals obtain justice against their perpetrators and protect their rights. We have years of experience handling cases involving domestic violence charges and offering high-quality legal guidance regarding various types of domestic violence abuse.
We can help clients who have experienced abuse such as:
- Harassing phone calls
- Physical assault
- Verbal abuse
- Social abuse
- Sexual abuse
- Property damage
Do Domestic Violence Cases Go to Court in California?
Most cases concerning domestic violence do not go to trial. However, the person asking for protection will have to “serve” the other person with a copy of all the restraining order papers before the court date. Having a lawyer for support from domestic violence experts can help make the process easier to handle.
How Can an Order of Protection Help Me?
If you have been injured, by an individual, you might require an order of protection. An order of protection, issued by the court to limit the behavior of the violent individual, can be the first line of defense against physical abuse. This "violent individual" does not necessarily need to be related to the victim.
A typical order of protection can require that the abuser:
- Stay far away from you and your family.
- Cease all contact with you and your family.
- Move out of your shared residence.
- Pay child support in a divorce.
- Surrender any firearms to the proper authorities.
Violating any part of an order of protection is considered a crime and will likely warrant an arrest. If the individual you need protection from is violating the order – even if they are doing it nonviolently and without aggression – you should notify the police immediately.
How to Get an Order of Protection
For the convenience of those in need, applying for an order of protection can be done in several ways:
- Contacting a state or district attorney.
- Informing the police that you would like to file one.
- Inquiring with the county clerk in either your or your abuser’s county.
After filling out the provided documents, you’ll need to file them, typically with your county clerk. A court date will then be set for a hearing. You’ll have to prove to the judge that your need for the order of protection is real.
Ways you can prove that you require an order of protection from an individual include:
- Physical evidence of harm, such as bruises and scars.
- Written or recorded evidence of threats against your well-being.
- Eyewitness testimonies on your behalf.
If you need help with any step in this process, from filing the paperwork to providing valid evidence of your abuse, call upon our firm. Contact a Fresno domestic violence lawyer at the Arnold Law Group, APC, today if you have questions about orders of protection.
Know Your Rights: Talk to Our Fresno Domestic Violence Lawyers
If you are taking action to file a domestic violence charge, you will need to ensure that a knowledgeable legal guide fully protects you. Our domestic violence attorneys in Fresno can help you navigate your case.
Call us at (559) 900-1263 or complete our online form to schedule a consultation.
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