Roseville Domestic Violence Lawyer
When domestic violence exists in a case, restraining orders may be needed. Divorce cases can bring to surface many serious issues, and one of these can include the presence of violence of an individual with a heated temper. In order to gain greater safety, a restraining order may be sought. This can be done through the court and since these matters can be complex you want to work with a Roseville divorce attorney.
There is a lot on the line when your safety or the safety of your children is at risk and you want to do everything in your power to gain protection and peace of mind. At our firm, we can work with you to determine if a restraining order is necessary and to seek one if it is the right option in your case. Your safety and the outcome of your case are important to our team and you will be treated with care and consideration.
How does a restraining order work?
A restraining order can work in a number of ways. It is primarily used to limit the conduct of a person, and offer grounds for penalties if they violate the terms. One of the main ways that a person is limited is through their conduct, including contacting a person, stalking, damaging property, harassing or disturbing the peace of the individual the order is in regards to. Actions can be limited and an individual can face boundary limits as well.
They may be ordered to stay away from the protected person and an actual distance will be given. The limit can include staying away from the person themselves, their vehicle, their children, their home or other areas. If they live nearby the protected individual, they may be ordered to move from the location. There are different types of orders that can be sought and this will be dependent on the situation.
Who can obtain a restraining order?
In domestic violence cases an order can be sought by those that have suffered abuse with a person they have a close relationship with. This can be a spouse, a boyfriend or girlfriend, parent, grandparent, sibling or child. If a child is being abused, their parent can file the restraining order, or the child can do so themselves if they are 12 years old or above. Not just anyone can gain an order and there needs to be sufficient reason for the court to provide this.
When is a restraining order necessary?
An order can be necessary when there is a fear for personal safety or the safety of a child. If the individual in question has made threats or has a history of violence then it may be essential. For those who have had to endure domestic violence, action should be taken right away. No one should have to remain in a dangerous situation and an order may be the first step to getting out of it. It is best that an attorney is consulted to determine if an order is needed.
How to Obtain a Restraining Order
The first thing that needs to be done is to find out that if the requirements are met. This includes that a close relation exists with the person that is suspected of committing the domestic violence. They may be a parent, child, spouse, etc. At this point forms will then need to be filled out. Copies should be made and one of these copies should be held onto. These will then need to be filed with the court and the person the order is against will be served with the papers. Papers will need to be delivered in person by someone other than the individual seeking the order.
The Proof of Personal Service should be filed with the court. Next will be the court hearing and it is important to come prepared to this. Needed documents will include any evidence of threats, medical reports, pictures, police reports and evidence of property damage. If child custody or visitation issues exist, it is likely that the judge will require mediation be sought to find a solution. When the hearing comes to an end, the judge will give their decision. They may give all, some or none of the orders or they may delay the case and set a new court date.
Benefits of a Restraining Order
A restraining order is another tool that can be used for protection. It allows for specific guidelines to be placed on an individual and limits them in necessary ways. What it also allows for is penalties to be given if they negate the terms that are set in the restraining order. There are repercussions if a person does not follow the rules set before them and this can further persuade them to adhere to the order. It also allows greater peace of mind and for those that have had to deal with domestic violence this can be a considerable thing to gain.
Do I need an attorney to get a restraining order?
In an issue as serious as this, you want a professional as an advocate for you. An attorney will be able to aid you in a number of ways, including dealing with the paperwork, reviewing the case to determine if an order is necessary, taking action to gain an order from the court and more. Having handled these cases before, a Roseville divorce lawyer will understand what is involved.