Domestic Violence/Restraining Orders
Backed by 100+ Years' Experience
Newport Beach Domestic Violence Lawyers
Comprehensive Domestic Violence Legal Support in Orange County
No one should have to live under the threat of violence or domestic abuse, especially in one's own home. The law offers protection to persons who have suffered abuse at the hands of a family member, household member, or person with whom one has or has had a relationship.
The Orange County lawyers at the Burch Shepard Family Law Group can obtain an emergency protective order in cases involving domestic violence or threats of domestic violence. We can then seek to obtain a permanent protective order, and if further violence or threats occur, can seek to enforce the order.
Our firm also defends clients against Burch Shepard Family Law Group accusations of domestic violence.
Steps to Obtain a Restraining Order in Orange County
In order to request a restraining order, you, or your Orange County restraining order attorney, will need to fill out the following forms available on the California courts website:
Confidential CLETS Information (Form CLETS-001)
Request for Domestic Violence Restraining Order (Form DV-100);
Notice of Court Hearing (Form DV-109PDF); and
Temporary Restraining Order (CLETS — TRO) (Form DV-110).
If you need more room to describe why you need the restraining order, you possibly may need to fill out:
Description of Abuse (Form DV-101); or
Additional Page (Form MC-020).
If you have children with the person you’d like to file a restraining order against, you may also need to complete forms related to child custody and support.
If you are requesting spousal support or alimony from them, you will need to fill out an additional document.
Once these forms are complete, you will need to file them with the court, serve them to the opposing party, and prepare for your court hearing.
There are three types of domestic violence protective orders:
Emergency Protective Order — obtained on no notice to the other party. Goes into effect immediately.
Temporary Restraining Order (TRO) — lasts for a period of 15 days or until the hearing for the Permanent Restraining Order, whichever is later.
Permanent Restraining Order — issued after a court hearing in which the alleged abuser has an opportunity to respond. When issued, the permanent restraining order can last up to 5 years and can be renewed for additional periods.
Our attorneys in Orange County can act quickly to obtain an order of protection for you and other family members and petition the court to make the order permanent, when necessary.
Eligibility Criteria for Restraining Orders in California
You may qualify for a restraining order in Orange County if:
Someone has abused you or threatened to abuse you AND
You have one of the following relationships with them: married, divorced, separated, domestic partnership, have a child together, dating or used to date, live together or used to live together OR
You are related within the second degree of affinity or consanguinity (i.e., mother or mother-in-law, child, step-child or legally adopted child, etc.).
If you don’t have the required relationship necessary to file a restraining order, you may file a different type of order, such as a civil harassment order.
Timeline for Obtaining a Restraining Order in California
The judge will decide within one business day (or sooner) whether he or she will grant a temporary restraining order. The TRO lasts until the court hearing, during which the judge will decide whether a permanent restraining order is necessary.
Understanding Restraining Orders in Newport Beach
Living in Newport Beach, you may find that the beautiful surroundings can sometimes mask serious issues like domestic violence. Local resources, such as the Newport Beach Police Department and the Orange County District Attorney's Office, are available to assist those in need of protection. If you or someone you know is facing threats or violence, understanding how to obtain a restraining order is crucial.
In our community, individuals can face the pain of domestic violence, often feeling trapped and unsure of where to turn. The process of obtaining a restraining order can be overwhelming, especially when dealing with the emotional toll of abuse. Our team at the Burch Shepard Family Law Group recognizes these challenges and can guide you through each step, helping you feel supported and informed.
It's important to note that the timeline for obtaining a restraining order can vary, and the emotional strain can be significant. Many individuals worry about the implications of filing, such as potential backlash from the accused or concerns about child custody arrangements. Our attorneys understand these pain points and are committed to advocating for your safety and well-being.
Whether you are in Newport Beach or elsewhere in Orange County, we are dedicated to helping you secure the protection you need. If you are facing domestic violence or are wrongfully accused, reach out to our team for compassionate and knowledgeable legal support.
Defense Against Domestic Violence Allegations
In other situations, particularly those involving divorce or child custody disputes, one party may make accusations of violence against the other party in an attempt to gain an advantage.
When a protective order is placed against you, it can dramatically affect your child custody or visitation rights, your right to own a firearm, and in some cases, your job. Persons accused of domestic violence should, if at all possible, avoid the imposition of a protective order.
In cases involving domestic violence allegations or spousal abuse, the Court has some discretion. A well-argued case supported by facts can result in a favorable outcome for a person falsely accused of domestic violence.
Burch Shepard Family Law Group in Orange County understands how to prepare a convincing case and can represent you in order to protect your rights, your record, and your reputation.
For a consultation with a domestic violence lawyer at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online. We serve clients throughout Orange County.
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I just wanted to send you a HUGE thank you for all of your support through this process. I am thrilled with the outcome today and so relieved that this is coming to a close. Thank you for all of your guidance and support through this journey.
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I am thankful for a attorney Robert, for his wonderful representation. His professionalism, and the way he carries himself with so much authority and knowledge is making this process run Smoothly. The delay in the process has given my children and I time, space, peace of mind and the healing we needed so much, thank you. God knows the right timing and the right results and He sends us the right persons to work things out. You are all a team of wonderful people. Thank you.
