Arguments between family members and romantic partners often become heated, and while an intense exchange may be acceptable, abuse and threats of harm are not. As a result, the law allows people harmed by domestic violence to seek orders restraining their abusers from causing further harm. However, in some instances, a party will seek a protective order without cause in an attempt to secure a favorable outcome in a family law case or to try and obtain a favorable custody presumption. Regardless of whether you need assistance with preventing continued abuse or you were unjustly accused of engaging in abusive behavior, it is critical to retain a San Jose restraining order lawyer with experience handling delicate family law matters. The capable attorneys at Daprile-Bell Family Law Offices are mindful of the sensitive nature of actions for restraining orders. We regularly represent people in Silicon Valley and people employed by tech companies from Santa Cruz to San Francisco in a variety of family law matters, including actions seeking restraining orders.Restraining Orders in California
In California, a court will issue a restraining order, which is also sometimes known as a protective order, to prevent a person from being threatened, harassed, stalked, or physically or sexually abused. A court may issue an emergency ex-parte order, an ex-parte order, or an order following notice and a hearing.
An emergency ex-parte restraining order, which is an order issued without notice or a hearing, may be issued in cases in which the threat of harm is imminent. A judge can issue an emergency ex-parte restraining order when a law enforcement officer provides reasonable grounds to believe that a person is in immediate danger of domestic violence, or that a child is in immediate danger of abuse by a member of the child’s family or household. The restraining order attorneys at our San Jose firm also can help you seek an emergency ex-parte order if a child is in immediate danger of being abducted by a parent or other relative. Emergency restraining orders can prohibit a person from entering a dwelling or engaging in acts of abuse or other specified behaviors, and they may provide for the temporary control and care of a child.
A court may issue a non-emergency ex-parte restraining order in certain circumstances. Specifically, they can be issued to restrain a person from attacking, threatening, sexually assaulting, or battering a person. A court may also issue an ex-parte restraining order preventing a person from entering a family dwelling or a dwelling shared with the person’s victim, but only if the person being restrained has assaulted or threatened the victim or a minor child, and if it is necessary to prevent the harm that the victim or child would suffer otherwise. There are other circumstances in which our San Jose restraining order attorneys can help you seek a non-emergency ex-parte order as well.
Lastly, a court may issue a restraining order following notice to the restrained party and a hearing. Essentially, restraining orders issued following a hearing allow a court to bar a party from engaging in the same behaviors prohibited by an emergency ex-parte order. The court may also order the restrained party to pay restitution for certain expenses and, in cases in which it is warranted, child support and spousal support. A restraining order issued following a hearing may include provisions for child custody and visitation.Meet with a Skillful Family Law Attorney
Abusive behavior can have a lasting impact, but restraining orders can help parties thwart further abuse. If you wish to seek a restraining order or were served with an action seeking a restraining order, it is advisable to contact an attorney as soon as possible to discuss your case. The family law attorneys at Daprile-Bell Family Law Offices are proficient at handling actions for restraining orders. We recognize the importance of stopping the spread of COVID-19, and thus we frequently sanitize our offices and common areas, we wear masks, and we are available to meet by Zoom to avoid contact. We also provide seating on our front porch for people waiting for appointments and carefully stagger all in-office appointments to minimize contact. You can reach us at (408) 918-0920 or via our form online if you need to speak with a restraining order lawyer in the San Jose area.