Domestic violence is a serious issue that affects many individuals and families in Sacramento, California. If you find yourself in a situation where you need legal protection from an abusive partner or family member, understanding the process of obtaining a domestic violence restraining order (DVRO) is crucial.
What is a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order (DVRO) is a legal order issued by a court to help keep you safe from an abuser. It can include various protections, such as prohibiting the abuser from contacting you, staying away from your home, workplace, or school, and even temporary custody of children.
Who Can Apply for a DVRO?
In Sacramento, a DVRO can be requested by anyone who has been abused by:
- A spouse or former spouse
- A current or former dating partner
- A cohabitant or former cohabitant
- A parent of your child
- A close family member
The abuse can be physical, emotional, or psychological, and it’s essential to document any incidents that demonstrate the need for a restraining order.
Steps to Obtain a DVRO in Sacramento
- Complete the Necessary Forms: The process begins by filling out several forms, including the Request for Domestic Violence Restraining Order (Form DV-100) and other related documents. These forms are available at the Sacramento County Family Court or online.
- File the Forms: After completing the forms, you must file them with the court. There is no fee for filing a DVRO in Sacramento.
- Temporary Restraining Order: Once the forms are filed, a judge will review them and may issue a Temporary Restraining Order (TRO) if they believe you are in immediate danger. The TRO will provide temporary protection until the court hearing.
- Serve the Abuser: The abuser must be served with a copy of the restraining order and notice of the court hearing. This can be done by a law enforcement officer, a professional process server, or someone over 18 who is not involved in the case.
- Attend the Court Hearing: Both you and the abuser will have the opportunity to present your case at the hearing. It’s important to bring any evidence, such as photos, medical records, or witness statements, that support your need for a DVRO.
- Permanent Restraining Order: If the judge finds sufficient evidence of abuse, they may issue a permanent restraining order, which can last up to five years. The order can be renewed if necessary.
Benefits of a DVRO
Obtaining a DVRO can provide a sense of safety and peace of mind. It legally restricts the abuser from contacting or coming near you, and violations of the order can result in criminal charges. Additionally, a DVRO can include provisions for child custody and support, which can further protect your family’s well-being.
Seek Legal Assistance
While the process of obtaining a DVRO in Sacramento is designed to be accessible, it can still be complex and emotionally challenging. Seeking legal assistance can help ensure that all forms are correctly completed and that you are fully prepared for the court hearing. At Mason Law Office, we are dedicated to helping you through this difficult time with compassion and professionalism. If you need assistance with a domestic violence restraining order, contact our office for a consultation.
Final Thoughts
Understanding the steps to obtain a Domestic Violence Restraining Order in Sacramento is vital for anyone facing an abusive situation. By taking action and seeking legal protection, you can take an important step toward safety and peace.
