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Pasadena Restraining Order Attorney

Compassionate Assistance Protecting Pasadena Residents from their Abusers

California is devoted to protecting its citizens. As part of their efforts to do so, the state takes allegations of domestic violence seriously and offers victims comprehensive protection through restraining orders.

If you have suffered from or endured threats of abuse, Attorney Matthew Cargal can help you seek the legal protection you need. With over 25 years of experience, we are prepared and able to effectively fight for your security. Call us today so we can help you pave the way for a safer tomorrow.

Contact the Law Offices of Matthew Cargal for compassionate assistance today: (888) 717-0139.

Types of Domestic Violence Restraining Orders (DVROs)

California offers three types of protective orders to domestic violence victims. These restraining orders protect a survivor from abusers with whom they have a “domestic” relationship. This means that the order can be used to protect someone from another who they are:

  • Coparents with
  • Dating or used to date
  • Divorced or separated from
  • In a registered domestic partnership with
  • In an intimate relationship with
  • Living with or used to live with
  • Married to
  • Related to by blood, marriage, or adoption

Overall, these orders protect someone from an individual they know personally.

Emergency Protective Order

An emergency protective order is a temporary measure to safeguard victims when there is an immediate danger outside of court hours. A police officer can call a judge at any time of the day to issue one.

This order will last for five business days or seven calendar days, whichever is shorter. It is not intended to be a permanent solution. Rather, this order offers victims interim protection while they begin the process to receive a domestic violence restraining order.

Temporary Restraining Order

When a victim goes to court to apply for a protective order, they will receive a date to return for their court hearing. This date is typically set for some point within three weeks.

If the victim feels as though they need more immediate protection, they can ask for a temporary, or ex parte, restraining order. This will protect them while they await trial.

Temporary restraining orders are not always granted. Still, regardless of whether this protection is provided, the victim will have a court date scheduled where a judge will have the opportunity to offer a ruling for a final protective order.

Restraining Order After Hearing

The judge will make their final decision regarding whether they will issue a domestic violence restraining order after the hearing. If they do choose to award the protective order, they can specify an expiration date up to five years from the day when it is being issued. If the judge does not include an end date, however, the order will automatically expire three years from the date the order was issued.

During the last three months of the order, the protected individual can ask the judge to extend the protection either permanently or for another five years.

Protections from a Domestic Violence Restraining Order

Judges can tailor the restraining order to meet the specific needs of the individual it is protecting. The document could:

  • Award temporary possession of shared assets
  • Award the victim custody of any shared pet
  • Disqualify the abuser from possessing or purchasing a firearm
  • Order temporary custody and visitation
  • Order the abuser not to abuse, assault, follow, harass, or come within a certain distance of the protected individual and their family
  • Order the abuser to attend a counseling program
  • Order the abuser to pay attorney fees for the victim if they are unable to or if they make less than the abuser
  • Order the abuser to pay child support or alimony if they are the victim’s spouse
  • Order the abuser to repay lost wages and any incurred fees the victim suffered as a result of the abuse
  • Remove the abuser from the victim’s home
  • Transfer any shared cellphone plan into the victim’s name alone

The judge can include any combination of these, and more, in their final order.

How to Get a Domestic Violence Restraining Order in Pasadena

The process to receive a restraining order is kept relatively simple to ensure victims can receive the protection they need before any further problems arise. To get a DVRO, you will need to:

  1. Obtain the application for a DVRO from the court clerk.
  2. Fill out necessary forms and return them to the clerk, while also letting them know if you need a temporary restraining order.
  3. Get your hearing date from the clerk.
  4. Have your abuser served with notice of the hearing by anyone over 18 who is not involved in the case.
  5. Attend your hearing and show proof of acts of violence committed against you.
  6. Take your restraining order to the clerk after the hearing to make copies and have them formally stamped.

We will be by your side throughout the entire process.

Out-of-State Orders

If you have a restraining order that was issued by another state, it could still protect you throughout California. In order to be enforceable here, the order must have been:

  • Issued to prevent violent or threatening acts
  • Issued by a court with the authority to hear the case
  • Made known to the abuser, with them having had the opportunity to defend themselves in court

Both judges and police officers can enforce your domestic violence restraining order. In order to ensure they are enforced, it is a good idea to keep a copy of your order on you in case you ever need to show it to a law enforcement officer. You do not have to register your protection in California in order for it to be asserted here.

Defense Against Restraining Orders

Attorney Matthew Cargal is equipped to handle both sides of a restraining order case. If you have been accused of abuse and are being served with a restraining order, we can help you defend your rights and your future. Call the Law Offices of Matthew Cargal for help filing a response to the allegations and defending yourself in court: (888) 717-0139.

For more information about restraining orders in Pasadena, contact the Law Offices of Matthew Cargal.