Sacramento Restraining Orders
Sacramento restraining orders 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 Sacramento restraining orders available to those who have been harassed, abused, or threatened. Each type of restraining order depends on the relationship between the parties involved in the harassment or abuse. There are the generally three types of Sacramento restraining orders that a victim of domestic violence can seek. Each type is a tool to help protect the person seeking the restraining order 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 Emergency Protective Order is good for five days and may be extended by the judge when the defendant is arraigned on their charges.
Domestic Violence Restraining Orders
Sacramento Domestic Violence Restraining Orders are issued by the family court located off Power Inn Road. The person that is claiming to be the victim of harassment or abuse or their attorney can file a request for a restraining order. The court does not charge a fee for filing a request for a restraining order. The filing documents will be presented to a judge either the same court day or the following court day depending on what time the filing is accepted by the clerk. 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 Are 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 a Sacramento Restraining Order?
If you are seeking a domestic violence restraining order, our Sacramento family law attorney can help secure your protection. We can also help people who may who have been served with a temporary restraining order. Sometimes, people file for a restraining order using false facts to gain an advantage over the other party. This is often a result where child custody, child support or spousal support is involved. For help with Sacramento restraining orders, 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.