Making The Most Of Temporary Restraining Orders
There are remedies available for domestic violence, including emergency protective orders (which are issued by law enforcement after emergency approval by a judge) that are short-term orders.
Temporary restraining orders can also be issued on an emergency basis after written application describing the incidents that have occurred are reviewed by a judge. These orders are issued for a short period of time (usually around three weeks) until a court hearing can be scheduled and the court can obtain additional information to determine whether a more permanent, long-term restraining order should be issued.
What Restraining Orders Can Do
Restraining orders can include stay away orders, personal conduct orders, child custody and visitation orders, residence exclusion orders, exclusive use and possession of vehicles, payment of certain expenses until a court hearing determines otherwise, reimbursement of expenses that occurred because of the domestic violence, the right to record telephone calls that otherwise would not be allowed, requirement to participate in treatment programs, or any other remedy necessary to ensure the safety of protected parties.
All of these types of orders can be made by the court, but the orders depend upon the facts and circumstances that have occurred in each case.
Permanent Restraining Orders Can Last For Varying Lengths Of Time
The length of time a “permanent” restraining order can be in effect can be for any length of time you, the protected person, request the court to order, but it cannot be issued for more than five years the first time the permanent order is issued.
Restraining orders can be reissued by the court upon application by the protected person, the length of time dependent upon facts stated in the application. There does not have to be a violation of the existing restraining order to ask the court to renew the order. If circumstances change after a restraining order has been issued, the restraining order can be cancelled on application by the protected person (not the restrained person) after a court hearing where the court reviews the facts.
Let Us Provide The Help You Need
There are very specific procedures that must be followed in order to apply for and receive a temporary restraining order, as well as appearance at court hearings for issuance of a permanent restraining order. We are extremely experienced in working with domestic violence cases. Attorney Kathleen Smith was the staff attorney for the Sonoma County YWCA domestic violence and sexual assault unit for six years, and continues to represent clients as a private attorney in all aspects of domestic violence cases.