When a person is a victim of domestic violence, it can be extremely difficult and dangerous to escape the situation and restart his or her life. In many cases, the abuser will continue to contact the victim to try to get him or her to come back again or make further threats. One option the victim has is to obtain a restraining order. If the person violates the restraining order and contacts the victim, he or she can be arrested. There are typically three steps needed to obtain a restraining order, and a domestic violence lawyer in Temecula can help with each one.
Collection of Evidence
The person will want to collect any evidence they have from the most recent violent situation, as well as ones in the past. This can include photographs of injuries, police reports, photographs of home damages, witness statements, and more.
Filing for Temporary Restraining Order
The person will need to file for a temporary restraining order first, sometimes called an emergency restraining order. They will have to fill out a packet of paperwork and detail the violence and why they want the protection of the courts. If this is approved, the person will be served as quickly as possible and will not be able to contact the victim any longer.
Court for Restraining Order
Within a short amount of time, the person will need to go to court to have the temporary restraining order continued into a year or longer. They will need to explain to the judge why they believe a restraining order is necessary. The other person will have a chance to speak as well and they can show the judge any evidence they have. If they judge agrees the order is necessary, they will grant the restraining order.
Anyone who needs to file for a restraining order for their safety can get help with each of these steps. A domestic violence lawyer in Temecula will be able to walk them through the entire process and help explain what everything means.
For more information on how to obtain a restraining order or to hire a lawyer to help, browse the website for the Law Office of Michelle Penna today.