21 Natoma Street
Suite 110
Folsom, CA 95630

[email protected]

(916) 782-3900

Guiding You Through the Domestic Violence Legal Process

Domestic violence includes physical, emotional, verbal, or psychological abuse. When your safety or the safety of your loved ones is at risk, taking legal action is crucial. A Domestic Violence Restraining Order (DVRO) is a powerful legal tool that offers immediate and long-term protection against an abusive partner, spouse, ex, or family member. The court plays a critical role in granting these orders and determining the specific protections needed, including stay-away orders, custody modifications, and firearm restrictions. However, the process of obtaining or defending against a DVRO can be complex and emotionally charged. Having an experienced attorney by your side is essential. Our office is here to guide you every step of the way, advocate fiercely on your behalf, and help ensure that your safety and legal rights are protected.

Domestic Violence v. Civil Harassment Restraining Order

A Domestic Violence Restraining Order is issued to protect someone from abuse by someone with whom they had a close relationship with. A close relationship could be through a spouse, roommate, someone you are dating or have dated, or a family member. Additionally, DVROs are tailored to address the unique dynamics of domestic violence, including instances for child custody, visitation, and residence, and they are often issued to prevent future abuse and ensure the safety of the victim.

A Civil Harassment Restraining Order is borader and can be used to address harassment, stalking, or threats of violence from someone the victim may not have a close personal relationship with. Generally, Civil Harassment restraining orders require a higher burden of proof compared to DVROs and are generally more limited in scope.

General Outline of Domestic Violence Restraining Order Case

The following information is not meant to serve as advice to you or your matter but rather provide a general, non-specific, outline of certain parts to a Domestic Violence Restraining Order case. For information regarding your case specifically please see below to schedule a consultation.

Filing of Initiating Documents

The process begins with the Petitioner filing a Request for a Restraining Order. These forms are to then be filed with the court, and there is no filing fee associated.

Service of Documents

Once the request is filed, the court may grant a Temporary Restraining Order (TRO). If the TRO is granted there is a hearing scheduled within 21 to 25 days. The Respondent (Opposing Party) must be personally served with the associated documents.

Respond to Documents

If you were served with a Request for a Domestic Violence Restraining Order and elect to respond, you must do so no later than 48 hours prior the scheduled hearing.

Court Hearing

The court will conduct a hearing to determine whether or not to issue a permanent restraining order based on the evidence presented by the Petitioner. The Respondent may respond orally and/or present evidence to dispute the allegations made by the Petitioner.

Ensuring your Properly Represented

Whether you are seeking protection with or facing a Domestic Violence Restraining Order yourself, having the right legal representation can make all the difference. Our office is dedicated to guiding you through this sensitive and urgent process with clarity, compassion, and confidence. Managing Attorney Taryn Scharf brings a balanced approach of compassion and aggression when advocating in court. We stand with you from start to finish, ensuring your voice is heard, your story is respected, and your future is protected.

Scharf Law, P.C.

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    Scharf Law, P.C. offers extensive experience and advocacy for our clients. Scharf Law, P.C. provides legal representation in the areas of Family Law, Juvenile Dependency, and Probate.

    Scharf Law, P.C.

    21 Natoma Street, Suite 110
    Folsom, CA 95630

    Telephone: (916) 782-3900

    [email protected]

    Time:
    8:30am-5:00pm (M-Th)
    8:30am-12:00pm (Fri)

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