Domestic Violence Temporary Restraining Orders Are Meant to Stop Abuse
Domestic violence is a crime. Victims can report it to the police and have the option to seek a court order requiring the abuser to stay away. This is meant to prevent further harm and break the cycle of violence. If the order is violated, it can be another basis for an arrest.
Whether you’re the victim of domestic violence, wrongly accused of committing it, or facing another family law concern, the team at Castillo & Associates is here for you. Set up your appointment with our Coachella Valley team by calling us at 800-497-9774.
What is a Domestic Violence Temporary Restraining Order?
A domestic violence temporary restraining order (DVTRO) is a court order you can seek to protect yourself from a person you’ve dated or had an intimate relationship with, including a domestic partner or spouse. This order can also be against a relative, including your parent, child, sibling, grandparent, or in-laws.
If the person has a different relationship with you, like a neighbor or landlord, other types of restraining orders may help.
The reason for the DVTRO is the person who abused you or your child. This abuse can be emotional, physical, in-person, or online. It can include preventing you from accessing basic needs or money or isolating you from family or friends.
What’s the Process to Get a DVTRO?
You tell the court about what’s happened and the protection you seek by filling out a set of court forms. This may take about one to several hours. You’ll need to give details on the abuse you suffered. Thinking about and remembering the incidents may be difficult but necessary. Obtaining a witness statement or declaration confirming your story of abuse is very helpful and useful evidence that the court will use to make a determination on the DVRO.
Usually, within 24 hours, a judge will decide to grant or reject your application. If it’s granted, you’ll have some temporary legal protection. The judge will set a hearing where they’ll decide to extend the order, possibly for up to five years, or not.
The alleged abuser must be given or served with the court papers by the sheriff’s office or another person. This should be done as soon as possible. If the abuse continues, the person could be arrested for violating the DVTRO, but only if they’re served with it by then.
With Castillo & Associates’ help, you can prepare for the hearing by gathering evidence of the abuse, including documents, photos, emails, text messages, or witnesses to the events. Both sides can tell their side of the story at the hearing. The judge will decide whether to grant your application or not, and if so, what the other person will be ordered to do and not do.
How Will a DVTRO Help Me?
A judge can grant a temporary restraining order to protect you, your children, property, or pets. A restraining order may include binding instructions on the alleged abuser, including that they:
- Do not contact you
- Do not stalk, harass, harm, or threaten you
- Do not get any closer than a given distance from you
- Move from your home
- Not possess firearms or ammunition
- Pay spousal support if you’re married
- Pay child support if you have children together
The order can be enforced and modified over time.
How Can I Respond If I’m Served With a DVTRO?
If you’re served with a form stating a judge signed DVTRO against you, carefully read the papers given to you. They will list what you must do and not do to comply with the orders. If you defy the order, you may be arrested. Contact our office immediately if you are served with a DVRO. It may affect your ability to obtain a special license and take away your rights to possess any type of guns, ammunition and rifles for up to five years.
If you want to dispute the allegations you were abusive, you must attend the hearing and put on your case. This is especially important if the two of you are parents, as a restraining order will probably impact your visitation or custody rights. Having an experienced attorney such as Castillo & Associates is crucial to prevailing and winning your case.
If the relationship with the person is over, you don’t want to see the person again, and the order has no effect on your life, you still need to attend the hearing. The judge will make it a long-term order if you do not attend. Being present with our firm is crucial and important to protect your rights.
Castillo & Associates Serves the Entire Coachella Valley for Family Law Matters
If you need a family law attorney serving Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Bermuda Dunes, Coachella, Mecca, Desert Hot Springs, La Quinta, Indio and the surrounding communities, Castillo & Associates can help you!
The earlier you contact us with your domestic violence restraining order or other family law questions, the sooner we can start advocating for you and exploring possible solutions. Call our team of family law lawyers at 800-497-9774 or contact us online to speak to a team member. ¡Hablamos Español!
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
