San Jose Restraining Order Attorney
We don’t always get along with people. Most of the time, we can ignore bothersome people. However, there are situations in which people continue to harass or even abuse their victims.
In these cases, where a person fears for their life and feels their safety is at risk, they may be able to get a restraining order. Restraining orders are essentially court orders that set limitations on people’s conduct. Typically, restraining orders include a list of people who one must stay away from. A restraining order will also set limitations on one’s behavior. Sometimes there are geographic limitations such as to stay a certain distance away from a person’s home or work.
Have you received a restraining order? Do you want to obtain one? If you are in these situations, let a San Jose restraining order attorney from Foster Hsu, LLP answer your questions and provide you with advice.
Types of Restraining Orders
There are two main types of restraining orders recognized in California:
- Domestic violence restraining orders (DVROs). These are issued in cases where there is a close relationship between the parties involved, such as spouses and former spouses. They may also be people who are dating or have dated and those who have a child together. DVROs can include orders to stay away from the protected person, orders to not contact the protected person, and orders to move out of a shared residence.
- Civil harassment restraining orders. These are issued in cases where there is no close relationship between the parties involved but one person is harassing, stalking, or threatening the other. These orders often apply to neighbors, roommates, or distant relatives. Civil harassment restraining orders can include similar provisions to DVROs, which typically include to stay away from the protected person and avoid contacting them.
Obtaining a Restraining Order
To obtain a restraining order in California, the person seeking protection must file paperwork with the court describing the behavior and explaining why they need protection. The court will review the petition and may issue a temporary restraining order if it believes the person is in immediate danger. A hearing will then be scheduled, usually within a few weeks, where both parties will have the opportunity to present evidence and testimony.
If the judge determines that a restraining order is necessary, they will issue a permanent restraining order, which does not last forever despite the name. It typically lasts for 1-5 years but can be extended in certain circumstances.
Contact Foster Hsu, LLP Today
While restraining orders can provide legal protection, they are not always foolproof. It is important for individuals to take additional steps to ensure their safety, such as contacting law enforcement and seeking support from friends and family. Another thing to consider is that some people are subject to false or unjustified restraining orders and have the right to contest them in court.
Whether you want to enforce or contest a restraining order, the team at Foster Hsu, LLP can help you understand your legal rights. Call 408-841-7200 or fill out the online form to schedule a consultation with a San Jose restraining order attorney.
