Are you involved in a restraining order matter in Rancho Cucamonga, California? An experienced family attorney at All American Law can walk you through your rights and represent your interests at every stage.
Our law firm has more than 30 years of combined experience handling family law matters throughout San Bernardino County. Our Rancho Cucamonga restraining order attorneys understand the weight that a restraining order carries and how it can affect your future. Contact our law offices today at 909-944-8880 to schedule a free consultation.
Restraining order cases move quickly, so having a qualified family lawyer in Rancho Cucamonga, CA, in your corner as soon as you can is strongly recommended. Regardless of whether you are seeking protection or responding to allegations, All American Law is prepared to guide you through the legal process and advocate for your rights at every turn.
Our Rancho Cucamonga family law lawyers can help you by:
Reach out to our law offices today for further information. Your initial consultation is free of charge.
California law provides several types of restraining orders, each designed for different situations. The most common in family law matters is the Domestic Violence Restraining Order, or DVRO, which is governed by California Family Code § 6300 and the sections that follow it. A DVRO can be filed when the petitioner and the restrained party share a close personal relationship in a domestic violence case, such as a current or former spouse or a co-parent.
California defines abuse broadly under Family Code § 6203. It goes beyond physical harm to include threats and other behavior that disturbs another person’s peace. You do not need to have suffered a physical injury to seek a protective order.
California also offers civil harassment restraining orders for situations that do not involve a close personal relationship, as well as orders designed to protect elders and employees facing threats in the workplace. The type that applies to your situation will depend on the facts of your case and your relationship to the other party.
A restraining order case in California typically starts with the petitioner filing a request with the court. In domestic violence cases, the court can issue a Temporary Restraining Order, known as a TRO, on the same day the petition is filed. This is done on an ex parte basis, which means the judge only reviews the petitioner’s side of the story at that stage.
Once a TRO is issued, a full hearing is scheduled within 21 to 25 days. At that hearing, both sides have the opportunity to present evidence and testify under oath. The judge then decides whether to grant a restraining order after hearing, which can last for up to five years and may be renewed beyond that.
For the person responding to a restraining order, this hearing is critical. If you do not show up, the court can grant the order based solely on the petitioner’s claims. What happens at the hearing can shape your child custody rights and your living situation going forward, so this isn’t the time to cut corners.
The consequences of a restraining order go well beyond a court order to stay away from someone.
In family law cases particularly, a restraining order can directly impact several areas of your life:
Violating a restraining order is also a criminal offense, which means minor contact could lead to arrest and additional charges. Given how much is on the line, it is important to take the matter seriously from the very beginning, regardless of which side of the case you are on.
If you are facing a restraining order matter in Rancho Cucamonga, California, All American Law is ready to stand by your side. With more than three decades of combined experience in family law, our Rancho Cucamonga restraining order attorneys have the dedication to handle any case in the field.
Contact us today for a free case evaluation. We can help you understand your legal options and take the right next step with confidence.