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
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?
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
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.
(916) 745-8444 today for
a legal consultation.