Domestic violence includes physical, emotional, verbal, or psychological abuse. When your safety or the safety of your loved ones is at risk, taking immediate 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.
From our Folsom office, we help clients in Sacramento, Placer, and El Dorado counties petition the court for these vital protections. We also represent those who have been unfairly and falsely accused, defending them against a DVRO.
How We Can Help You
The process of obtaining or defending against a DVRO is complex and emotionally charged. Our office is here to guide you every step of the way.
Seeking a Restraining Order: We act quickly to help you file for a Temporary Restraining Order (TRO) to get immediate protection. We then gather the evidence and prepare to represent you at the full court hearing, where we will advocate fiercely for a “permanent” restraining order, which can last up in California.
Defending Against a Restraining Order: Being falsely accused of domestic violence can have devastating consequences. We will aggressively defend your rights, reputation, and your relationship with your children.
Protections a DVRO Can Provide
The court plays a critical role in granting these orders. We will fight for the specific protections you need, including:
No-Contact and Stay-Away Orders
Temporary Child Custody & Visitation Orders
Move-Out Orders (forcing the abuser to leave your home)
Firearm Restrictions
Having an experienced attorney by your side is essential. We are here to advocate fiercely on your behalf and help ensure that your safety and legal rights are protected.
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 broader 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.
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 schedule a consultation.
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.
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.
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.
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.
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.
