If you were recently the victim of domestic violence or if you are in immediate danger of such violence from a current or former spouse/significant other, someone you share a child with, someone you live(d) with, or a relative, then you may obtain a domestic violence protective order (DVRO) in California. A DVRO orders an abuser not to harm, harass, or otherwise content you and your loved ones, to be removed from the home, and to give up his/her firearms and other dangerous weapons.
The following are the three types of DVROs in California:
Emergency protective order – The police officer at the scene of the incident can call a judge and request an emergency protective order on your behalf – no matter what time of day. If a judge believes there is an immediate and present danger of abuse or kidnapping, you will be issued this type of DVRO, which goes into effect right away. An emergency protective order is valid for five (5) business days or seven (7) calendar days (whichever comes sooner), which is enough time to request a “temporary restraining order.”
Temporary restraining order – Also known as an “ex parte” protective order, this type of restraining order is given prior to a scheduled full hearing, which is generally within three (3) weeks. The temporary restraining order lasts until the hearing is held.
Final restraining order – At the full hearing, both sides have an opportunity to present their case. If granted, the DVRO lasts up to five years. However, if the order does not establish a termination date, then it is valid for three years. If an order is set to expire within three months, you may request an extension of another five years or permanently with the court.
If you are interested in obtaining a domestic violence protective order in Irvine, contact The Neshanian Law Firm, Inc today at (949) 577-7935 to let us help you prevent further harm.