Obtaining A Protection Order In California

There are three main types of Domestic Violence Restraining Orders (DVROs): Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Restraining Orders. EPOs are what the name implies. They are for people in imminent danger, and typically, police officers realize someone is in a compromised position, they take immediate action, use the appropriate channels, and contact a judge to grant these requests. Judges are available for reasons like this; you will not have to wait for a court date. There are times in which judges have been contacted in the middle of the night for them. However, these are only enforceable for a week once they are issued. 


Though the timeline is short, they are meant to get you out of a dangerous position. If your attacker lives in your home, a judge can force them to leave the house during this time. This is referred to as a residence exclusion order. Additionally, the order may prevent them from contacting you even by phone, and they may include a specific distance they must keep from you. 


Anyone in fear for their safety will likely have the following question: What happens when the week is over? You and your attorney can also go to court and obtain a temporary restraining order. Unlike the EPO, this is not as quick because you may have to wait a few weeks before you can attend a full hearing. Because the court recognizes that you may be in danger, your attorney can request a temporary (ex parte) restraining order. Ex parte means that the court is willing to grant the temporary order without having to hear from the person you to seek the restraining order against. Again, these are temporary because they are meant to bridge the gap between your request and getting a full hearing (which will not be ex parte). That is why they are only enforceable for up to 25 days. 


All of this is to pursue the permanent restraining order. Given the circumstances and timing, these can be done remotely or at a physical courthouse. If successful, these can last up to five years. 


What Proof Does the Court Need to See?

Allegations are likely enough to get you an EPO or TRO, but these are only short-term solutions. Give your attorney the ability to protect by giving them as much evidence as possible. For example, each time you receive a threatening email, text, or voicemail, save it—or add it to a file to turn over to your attorney. If the abuse turned physical and was more than threats, take pictures of your injuries. Additionally, by calling the police, there will be formal documentation of what occurred. (The same applies to medical records.) 


Lastly, give your attorney their names if this person threatened or attacked you in front of witnesses. They can serve as witnesses to corroborate your claim, so you can be that much closer to getting the protection order you need. 


Speak with Compassionate Legal Counsel 

You deserve someone committed to protecting you; our firm will deliver that with the utmost care. We understand how sensitive this issue is for people, and The Grey Legal Group, APC, wants to use our experience to help. Contact our office today to schedule your confidential consultation.

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The Grey Legal Group

At The Grey Legal Group, we believe in helping all families with their legal needs so they can be protected on your journey back to a calmer, happier place of stability. Whether it is divorce, child custody, guardianship, domestic violence, or adoption, we have seen it all before and we can help you through it. With the legal knowledge and experience we bring to the table, we will be certain to find the best and most efficient solution to your situation.

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