Restraining Orders in Sacramento
Restraining orders in Sacramento are signed by a judge and prohibit the restrained individual from harassing the protected person, contacting the protected person, or assaulting the protected person. The protected person the person who is filing a restraining order. There several types of restraining orders that are available. Each type of restraining order depends on the particular circumstances involved in the harassment or abuse. In Sacramento, there are the generally three types of restraining orders that a victim of domestic violence can seek. Each type is a tool to help protect the person seeking the restraining order in Sacramento from another person:
Emergency Protective Orders
Emergency Protective Orders are issued by law enforcement officers. These types of restraining orders are generally issued when someone is arrested for assault or battery on a current or former cohabitant. In many cases, the EPO is valid for five days and may be extended by the judge when the defendant is arraigned on their charges.
Domestic Violence Restraining Orders
In Sacramento, Domestic Violence Restraining Orders are handled by the family court located off Power Inn Road in Sacramento. The person that is claiming to be the victim of harassment or abuse or their attorney can file a request for a restraining order. It is filed with the court with no filing fee. The request for a restraining order will be presented to a judge either the same court day or the following court day. The restraining order judge will make a determination if a temporary restraining order is justifiable. It is important to note that by granting a restraining order, the judge is limiting the rights of the accused abuser. In many cases, the temporary restraining order will be granted in part or will not be granted at all. This does not mean your domestic violence restraining order will not be granted at the hearing. Hearings on the restraining order will occur within three weeks of the filing date.
Criminal Protective Orders
Criminal Protective Orders are generally available to victims of domestic violence when their accuser is convicted of a domestic violence type of crime and even where the convict pleads to a lesser charge. These types of criminal restraining orders can last for different durations depending on the situation.
Restraining Orders in Sacramento Can be Issued to Prevent:
- Annoying, harassing, striking, following or otherwise disturbing the peace of the person protected by the restraining order.
- Preventing the restrained party from directly or indirectly, personally, telephonically, electronically or writing the protected person.
- Setting a perimeter of 100 yards so the restrained individual cannot come near your work, residence or school.
Need Restraining Orders in Sacramento?
If you are seeking domestic violence restraining orders in Sacramento, our Sacramento family law attorney can help secure your protection. We can also help people who may be accused of conduct that warrants the issuance of a restraining order. Sometimes, restraining orders are misused. This is often a result where child custody, child support or spousal support is involved. For help with restraining orders in Sacramento, contact The Law Office Justin Anton McCrea at 916-601-9441. We offer a free telephone consultation and offer payment plans to those who may not be able to afford the representation they need.