Domestic Violence Restraining Orders
Family Lawyer in Claremont
Attorney Christine D. Thielo is skilled and has over 20 years of experience in obtaining and fighting Restraining Orders. She will guide you efficiently and competently through this legal issue and will be a key ally to have standing next to you in court fighting for your rights.
Client Testimonial:
"My Children and I Had Peace of Mind and Safety"
Legal Separation & DV Case
"Working with Attorney Christine Thielo and her staff, I felt reassured
and confident. Ms. Thielo took time to listen, provided honest feedback,
and helped me understand my options so I could make informed decisions
during a very difficult time of my life and that of my family. Ms. Thielo
guided me with wisdom, patience, respect and care as we filed for a domestic
violence restraining order and then a legal separation.
Both cases were of high emotional stress, yet Ms. Thielo was always a voice
of reason, fairness, comfort and reassurance, all were reflected on the
way she handled the case both in and out of court. She went the extra
mile to escort me to and from my vehicle; to provide me with a phone number
to reach office staff after hours; and to provide her time when family
emergency situations came up. I feel fortunate that Ms. Thielo represented
my case. At the end, my children and I had peace of mind and the safety
we needed to move forward with our lives."
Domestic Violence Restraining Orders
Emergency Protective Order:
An Emergency Protective Order is a type of restraining order that only law enforcement can ask for by calling a judge. Judges are available to issue Emergency Protective Order 24 hours a day. A police officer that answers a domestic violence call can ask a judge for an emergency protective order at any time of the day or night. The Emergency Protective Order goes into effect immediately and can last up to seven days. The judge can order the abusive person to leave the home and stay away from the victim and any children for up to a week. That allows the victim of the abuse sufficient time to go to court to file for a temporary restraining order.
To get an order that lasts longer than the seven days covered by an Emergency Protective Order, you must ask the court for a Temporary Restraining Order. Temporary Restraining Order When a domestic violence restraining order is necessary you must make the request by filling out paperwork. In the court forms you need to detail the incidents of abuse and convey to the judge all relevant facts regarding the reasons why you are requesting a restraining order. The judge will determine whether you need protection by issuing or denying your request for a Temporary Restraining Order.
Temporary Restraining Orders:
These orders usually last between twenty and twenty five days, until the court hearing date. “Permanent” Restraining Order After a full court hearing wherein evidence is offered and testimony is provided the judge will make the determination whether to issue a “permanent” restraining order. The duration of the Permanent Restraining Order is generally three years but the court can order a shorter duration. The Permanent Restraining Order can also be extended by filing the appropriate request or by filing for a new restraining order wherein sufficient facts are alleged for the court to consider.
Criminal Protective Order or “Stay-Away” Order:
When a district attorney files criminal charges against an abuser they often request the criminal court to issue a Criminal Protective Order against the alleged defendant during the pendency of the case. If the defendant is found guilty or pleads guilty the Criminal Protective Order can be issued for 3 years after the case is disposed.
What Is Domestic Violence?
Family Code section 6203 defines “abuse” as: Intentionally or recklessly to cause or attempt to cause bodily injury. Sexual assault. To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another. To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
On an Ex parte Domestic Violence Order The Court Can Restrain the Following Conduct Pursuant to Family Code Section 6320: The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
Consult Appointments:
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If you are seeking legal advice, 30 minute and 60 minute paid appointments with Attorney Thielo are available at a reasonable rate subject to her schedule and availability. Please call our office for more information (909) 624-0733 or contact us online.