Do you know exactly what you should ask for in an emergency protective order? Do you know how long a temporary restraining order will be enforceable?
At Stolar Law Group, our founding attorney, Steven Stolar, is a Beverly Hills restraining order attorney committed to taking care of his clients and their children. He is passionate about preventing domestic violence and protecting victims.
If you need a restraining order, we will take the time to analyze your unique situation and present a clear and compelling argument to the judge supporting your request. We can explain what protection domestic law provides and answer your questions about restraining orders. Are you being physically or emotionally abused? Contact our office today at (424) 421-0009 to schedule a free, confidential consultation. Let us get you the help you need now.
Common Reasons Why You Should File a Restraining Order
Many people believe that they must have been the victim of physical or sexual violence to qualify for a domestic violence restraining order. The truth is, however, that a court may grant a domestic violence restraining order for a number of reasons, including stalking, harassment, and verbal or emotional abuse.
Common reasons you should file a restraining order include:
- Sexual abuse
- Physical abuse
- Verbal and emotional abuse
- Harassment
- Marital rape
- Stalking
Domestic abuse, in any form, should not be taken lightly. It affects millions of people every year and often remains unreported. It is rare that the abuse only happens once. In many cases, there is a pattern of repeated abuse or violence that can cause serious injury or psychological trauma. It is important to protect yourself and your family from harm by seeking a restraining order when necessary.
Why You Should Hire an Attorney Before Filing a Restraining Order
Filing a restraining order can be challenging without the help of an attorney. If the order is not properly written, a judge may reject it or decide not to grant the order. You must make a compelling argument why the restraining order, which ultimately may limit someone’s right, should be granted.
An experienced attorney will know how to craft a compelling order that shows the court the potential harm that you face if the restraining order is not granted. You will need to describe in detail the date of the abuse and what happened. It is important to be thorough, or the protective order may not be granted.
Who Can File a Domestic Violence Restraining Order?
Domestic violence restraining orders can only be filed by a limited number of people. Whether or not you qualify to file a domestic violence restraining order will depend on the relationship between you and the abuser.
You may be eligible to file a domestic violence restraining order if the abuser is your current or former:
- Mother or father of your child
- Spouse or domestic partner
- Intimate partner
- Dating partner
- Fiance
- Close relative
- Household member (unless only a roommate)
If the perpetrator is not one of the people listed above, you may not qualify for a domestic violence restraining order. However, there are other restraining orders that you may be eligible to file in order to prevent further abuse.
What Is Considered Abuse?
Abuse in a domestic violence restraining order case is not limited to physical harm. There may be a wide range of things that could be considered abuse in the eyes of the court.
Abuse in a domestic violence case may include:
- Repeated, unwanted contact
- Withholding food and other necessities
- Isolation from friends and family
- Using force or intimidation to get you to do something
- Restricting your access to money
- Harassment
- Hitting, kicking or biting you
- Sexual abuse
- Destruction of your property
- Child abuse
- Threatening to harm or kill you
Any abuse should be reported to the police and taken seriously. Depending on the circumstances, a court may issue a temporary restraining order against the perpetrator to help protect you and your family.
The Pitfalls of Do-It-Yourself Restraining Orders
There are dangerous pitfalls to a do-it-yourself (DIY) restraining order. If you or your child needs protection from domestic violence, you cannot afford to make a mistake. You need to ask the court for an emergency protective order or a temporary restraining order that offers the necessary protection for the appropriate length of time.
When it comes to restraining orders, you need the following things:
- A restraining order that the court will enforce
- The answers to your questions as quickly as possible
If you need help with obtaining or challenging a restraining order, Attorney Stolar will apply his 40+ years of experience when working with you to find the best solution.
At Stolar Law Group, we serve clients throughout Southern California, including in Los Angeles, Pasadena, Santa Clarita, Santa Ana, San Buenaventura, Long Beach, the San Fernando Valley, and Beverly Hills. We also represent clients from across the state, including everywhere from San Diego to San Francisco. Reach out to us today to learn how we can help you.
How Long Do Restraining Orders Last in California?
A temporary restraining order will only last until the initial hearing date. The temporary order will expire on that court date, but a new long-term order may be issued. A long-term restraining order or protective order may expire on a specific date as determined by the judge, or if no date is filled in, it will last for three years.
Protect What Matters Most With Stolar Law Group
Ask the court for protection now. Begin by contacting Stolar Law Group at (424) 421-0009 to schedule a free and confidential consultation. Let us help you protect what matters most. We have a multilingual staff that can assist you in English, Spanish, Armenian, Arabic, or Hebrew. Call now to get started.
When your family needs protection, time is of the essence. We understand the urgency of these cases and will do everything we can to ensure that the paperwork for your restraining order is filed as quickly as possible. We know California law and will work tirelessly to ensure the courts understand the potential risk to your safety. Do not wait. Get the legal help you need today.
