Domestic Violence / Restraining Orders (DVTRO)
When it comes to getting a restraining order or dealing with domestic violence, you need a lawyer you can trust. Experiences like yours can be incredibly emotional, and making the decision to speak with an attorney can be a difficult one. That’s why at Sierra Family Law, we’d like to remind you that you don’t have to deal with this situation alone.
Speak With a Trusted Domestic Violence Lawyer
No matter the specifics of your situation, if you’ve made the decision to speak with a domestic violence attorney, you’re choosing to protect yourself and your rights. Our team is proud to bring more than a decade of experience in California law to each case we work on, and it’s always our mission to secure a positive outcome for your case. You deserve to feel heard and supported in situations like these, and we want you to know that we always take the time to listen to your situation in order to formulate a plan that’s right for you.
Do you have a question for us? Are you ready to schedule a consultation to learn more about how we can help? Whatever the case may be, we would love to hear from you. Contact us today and rest assured that we’ll work hard to provide you with the help you need.
What Are the Steps to Filing a Restraining Order?
Law Services From Sierra Family Law
In the event that you believe you are vulnerable to immediate physical or psychological abuse, it may be necessary to file a restraining order against a person who is perpetrating these acts against you. Nobody wants to be in a position where they need to file a restraining order, but in the event that it becomes necessary, it’s important to know what steps you need to take with the help of Sierra Family Law.
Request Protective Order From the Courthouse
When filing a restraining order, be aware that each county has their own specific process. However, in general, you will file the required documents (some documents are county specific so be sure to see the county local rules) with the court clerk. In the event that you or a child are in immediate danger, call the police. In these instances, police can contact a judge and ask for an emergency protective order, which will go into effect immediately and lasts for up to seven calendar days. Otherwise, request a restraining order with the courthouse clerk, who will schedule a hearing. You may also apply for a temporary (ex parte) restraining order if you feel you or a child are in danger.
Fill Out Necessary Forms
When filing a restraining order, you will need to provide some important information regarding your circumstances. This information will be vital in helping a judge with your restraining order hearing. You’ll need to provide information about the nature of the threat you believe exists, including harassment, physical violence, the threat of violence, or any conduct that seriously alarms you as the petitioner. Sierra Family Law can assist you with the information that you need to provide to present a comprehensive petition for the filing of a restraining order.
Wait For Review Process
You will receive the filed documents within 1 to 5 days with a temporary ruling as to whether or not your Domestic Violence Temporary Restraining Order was granted. The court will also provide you with a hearing date that is within 21 days to have a hearing on the permanent order, where both parties are able to present their case. You will thereafter need to serve the documents on the other party at least 5 days prior to the hearing date. You may use your local County Sheriff’s Department to serve the documents or another person over 18 years of age that is not the person requesting the restraining order. Sierra Family Law will walk with you through this entire process, and we will always be available to provide legal counsel and facilitate the proceedings.
Attend the Hearing
Once a date has been set for your restraining order petition hearing, both parties must attend the hearing. During this evidentiary hearing, a judge will determine if your petition for a restraining order will be granted, or if a temporary restraining order will be made permanent. Neither party is entitled to a jury for this type of civil proceeding. In the event that you do not attend the hearing, the case will be dismissed. If the respondent (the individual you’re filing against) does not attend the hearing, you must still provide evidence of harassment or reasonable proof of abuse. Once all things have been considered, the judge will issue a ruling on the case.
If you feel that a restraining order is an appropriate course of action for any harassment or abuse you’re experiencing, please contact Sierra Family Law today. We will walk with you through the entire process.
What to Expect From Our Restraining Order and Domestic Violence Services
If you’re experiencing domestic violence, a restraining order is the first step to a solution. But it’s also important to know that you have the right lawyer by your side throughout the process. At Sierra Family Law, we go the extra mile for each and every client. We know that what you’re going through is incredibly difficult, but we want you to know that we’re here to provide you with the personalized care and attention you deserve. Whether you are the victim or the accused, we’ll work with you to ensure that your best interests are put first.
How Sierra Family Law Can Help
When it comes to DVTRO cases, the team at Sierra Family Law works hard to ensure that your rights are put first by filing any necessary lawsuits on your behalf. Simply put, we always put your needs and your best interests at the forefront of all we do. Every situation is different, and that’s why we take the time to listen to your situation before coming up with a customized plan. At the end of the day, we know that situations like yours are challenging and complicated. When you work with us, we’ll take the time to help you through your legal journey.
What is Domestic Violence and How to Recognize It
Handling the legal proceedings of domestic violence can be hard to navigate without professional support. Sierra Family Law is here to help you every step of the way. Ms. Sierra knows how difficult it is to begin the legal process if you or a loved one is suffering from domestic violence, and we want to remind you that we are here to support you. Here are four facts about domestic violence and recognizing the signs.
What is Domestic Violence?
Domestic violence, or intimate partner violence, is a pattern of physical, emotional, or sexual abuse used by one person in a relationship to gain or maintain power and control over another person. It can happen to anyone regardless of age, race, religion, education level, or economic status. Domestic violence affects people of all genders and sexual orientations.
How to Recognize it
The signs of domestic violence can be hard to recognize, especially if you are closely involved. However, there are some common signs you can look for to see if someone you care about is being abused.
They have a lot of unexplained injuries or scars
They seem afraid of their partner and they do everything they can to avoid them
Their partner has threatened them with violence or assaulted them in the past
Their partner has made it clear that they control every aspect of their life
There are many more signs of domestic violence, and it may not be easy to recognize them with just a list. If you are concerned about yourself or a loved one, contact a professional.
What to do if You Are in an Abusive Situation
If you are facing domestic violence, we know it is hard to feel like you have options. Creating a plan of action, such as finding a friend to stay with, seeking medical attention, or calling a support hotline can all be the first steps to finding help. Make sure you have the support and resources to safely leave the situation.
How a Family Lawyer Can Help
The team at Sierra Family Law wants to help you take the next steps and provide whatever assistance possible during these difficult times. A family lawyer can help in cases of domestic violence by providing legal advice, helping a victim find a safe place to stay, and filing a police report. We will also help you determine if you would like our assistance in getting orders of protection or custody orders, or if you would like to press charges. Our trusted domestic violence lawyer is here to help you protect yourself and your rights.
Sierra Family Law was founded with a firm goal in mind — to provide Sacramento residents with the legal help they need. We specialize in family law, and the most important thing for us is reminding our clients that no matter what they’re going through, they don’t have to go through it alone. Backed by years of experience and a passion for helping others in their time of need, you can rely on us to formulate a plan that best suits your specific needs.
Do you have a question for our team?
We would love to hear from you, and we’d like to take this opportunity to remind you that we’re here to lend a helping hand in your time of need. Contact us today to schedule a consultation and rest assured that we’ll work hard for you throughout the entire process.