Domestic Violence Restraining Order Attorney in San Jose

Protecting Bay Area Residents by Obtaining Restraining Orders

When a romantic partner or spouse becomes violent, you may feel that you have few options. Fortunately, there are laws in place to help victims in their times of need. If family court orders or local police officers have not stopped the abusive party, it may be time to seek more official precautions to protect yourself and your family against abuse and further harassment. Filing a domestic violence restraining order (DVRO) will also threaten serious consequences — such as arrest and imprisonment — if the abuser chooses to violate this order.

San Jose attorney Nick Cvietkovich has decades of experience defending victims of domestic violence. His experience in this field includes extensive work with DVROs. DVROs are often beneficial for keeping domestic abuse victims protected during transitional times. 

If you feel that you may be in danger, contact our San Jose domestic violence restraining order attorney as soon as possible. If needed, we can help you file a DVRO to ensure your protection. Schedule your consultation by calling (408) 844-4016 or filling out our online form. 

Do You Need a DVRO in San Jose or the Bay Area?

A domestic violence restraining order is a necessary precaution if you feel threatened by your spouse or ex-partner. Domestic violence is clearly defined in the state of California. If a current spouse, domestic partner or romantic partner threatens or inflicts violence upon you, then California considers that domestic abuse.

However, abusers do not have to be a current romantic partner. Abusers can also be:

• Former spouse
• Former boyfriend or girlfriend
• Parent you share a child with
• Blood relative or relative by marriage — such as a brother, sister, aunt or uncle

If a family member or ex-partner causes or attempts harm upon you or a child, you can make a case for domestic violence. You may also pursue a DVRO if that person threatens you, and they lead you to believe that you or your loved ones are in immediate danger of physical injury or death. Grounds for a DVRO may also include harassment or threats through phone calls, texts, email messages or other means. Additionally, if the abuser damages your personal property, it is in your best interest to request official legal protection. 

FAQ for Domestic Violence Restraining Order Attorney in San Jose

What is a domestic violence restraining order?

A domestic violence restraining order is a legal order issued by a court to protect individuals from abuse or threats of abuse by a family or household member. It can prevent the abuser from contacting or coming near the victim.

What types of restraining orders are available in San Jose?

In San Jose, restraining orders can be temporary or permanent. Temporary restraining orders (TROs) provide immediate, short-term protection until a court hearing can be held. Permanent restraining orders, issued after a court hearing, can last up to five years and may be renewed.

How can I obtain a restraining order in San Jose?

To obtain a restraining order, you need to file the necessary paperwork with the court, detailing the abuse or threats. A judge will review your request and may issue a temporary restraining order until a full hearing can be scheduled.

What evidence do I need to provide for a restraining order?

Evidence can include police reports, medical records, photographs of injuries, threatening messages or emails, and witness statements. The more detailed and comprehensive the evidence, the stronger your case will be.

How long does the restraining order process take?

The process can vary, but a temporary restraining order can be issued within a few days of filing. A hearing for a permanent order typically occurs within 20 to 25 days after the temporary order is granted.

How can an attorney assist me with a restraining order?

An attorney can guide you through the legal process, help you gather and present evidence, represent you in court, and ensure your rights are protected. They can also provide support and advice tailored to your specific situation.

Can a restraining order be extended or modified?

Yes, a restraining order can be extended or modified if circumstances change or if ongoing protection is needed. Your attorney can assist you with filing the necessary paperwork to request such changes.

What should I do if the restraining order is violated?

If the restraining order is violated, contact law enforcement immediately. Violating a restraining order is a criminal offense and can result in arrest and prosecution of the violator. Your attorney can also advise on further legal actions you can take.

Our San Jose domestic violence restraining order attorney  can inform you of all available legal options and fight on your behalf. Schedule your consultation by calling (408) 844-4016 or filling out our online form.