The Domestic Violence Prevention Act (DVPA) in California defines domestic violence as actual or threatened abuse that you may suffer from an individual who is closely related to you. It is important that you look for a “domestic family lawyer near me” who can help you and your children obtain legal protection.
Your family attorney San Diego will assist you to obtain a DVRO (Domestic Violence Restraining Order) from the court. Based on this order signed by a judge, your abuser will be asked to refrain from continuing the abuse or be prepared to face legal consequences. A DVRO is the most effective legal protection you can get as a victim of domestic violence in California.
Eligibility to File for a DVRO
Your domestic violence lawyer San Diego will first determine whether you are eligible to file for this Restraining Order. If you and/or your minor children have suffered domestic violence from one of the following persons, you will be eligible to file for a DVRO in California:
- A spouse or ex-spouse
- Someone you are dating or have dated in the past
- The father or mother of your child
- Someone who is related to you blood, adoption, or marriage
- An individual who regularly lives in your home or has lived there in the past (the relationship should be closer than just a roommate)
- Same-sex partners and minors who are at least 12 years of age are also eligible to file for a DVRO
Types of DVRO and how long they will last
Your family attorney San Diego will guide and assist you in filing the appropriate Domestic Violence Restraining Order. Here are the three types of DVRO that you should know about:
Emergency Protective Order
If you or your lawyer called a police officer during or after an incident of domestic violence, the police officer may decide to call a judge and request for an emergency protective order for you. This order will immediately go into effect. This order’s duration is 7 calendar days or 5 business days, whichever is shorter. This will give you time to obtain a DVRO from the court, which is of a longer duration.
Ex Parte (Temporary) Restraining Order
If you need urgent protection because of immediate danger, your domestic violence lawyer San Diego will help you obtain an ex parte (temporary) restraining order. This will last until your court hearing approximately 25 days thereafter. This order is granted “ex parte” (in absence of your abuser).
DVRO after Court Hearing
You may be granted a Domestic Violence Restraining Order after a full-court hearing. This order is aimed at preventing your abuser from abusing, harassing, or threatening you. The duration of this order can be up to five years. Thereafter, you may request the court for a further extension of five years, or make the DVRO permanent.
Domestic Family Lawyer Near Me
If you are seeking a domestic violence injunction, our experienced family attorneys in San Diego will help you establish strong evidence and assist you with the legal process, which includes a court hearing. Do not take a domestic violence issue lightly and take steps to protect yourself. Call Neumann Family Law, APC at (619) 282-1107 for a complimentary phone consultation or appointment.
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