We know that unforeseen circumstances can arise at any moment. Fortunately, our attorneys and staff are always prepared to handle these issues with swift and prompt action. The court understands that when you are going through a divorce, or any other matter, you may need added security. A Domestic Violence Restraining Order or an Automatic Temporary Restraining Order may be the necessary measures you need to carry on your life with peace of mind.
There are several options you have when it comes to Restraining Orders. The type of order you request depends on whether you need immediate relief, the duration of such relief, and what you are physically trying to protect. One of the most common types of Restraining Orders is a Domestic Violence Protective Order pursuant to California Family Code § 2045 and § 6218.
A Protective Order may involve the restraining of assaultive conduct and harassment against you and your children, dwelling exclusion and “stay-away” orders, protection for animals, restraining the use of firearms, or any other protective order that the court deems necessary. A Domestic Violence Protective Order may last up to five years and may be renewed.
Another type of Restraining Order is an Automatic Temporary Restraining Order (TRO). Such an order takes place automatically at the onset of any dissolution or legal separation case. As these cases commence and the petition is served on the other party, both parties are immediately restricted from things such as moving children away without consent, transfer or encumbrance of real property, non-probate transfers, and changing insurance policies or benefits. (Fam.C. §2040).