Restraining Order
A Domestic Violence Restraining Order (DVRO) is a court order that a judge signs that tells your abuser to stop the abuse or face serious legal consequences. It offers legal protection from domestic violence to both women and men victims. If you are ever in immediate danger, please call 9-1-1.
There are three types of DVRO’s: Emergency, temporary, and restraining orders after hearing.
Emergency Protective Order
If a police officer responds to a domestic violence call, he/she can call a judge at any time and ask for an emergency protective order. It goes into effect immediately. An emergency protective order can last only five business days or seven calendar days, whichever is shorter. It is supposed to give you time to go to court to ask for a restraining order after hearing, which lasts longer. The emergency protective order can make the other person leave the home, stay away from you, and not see your children — at least on an immediate basis.
Temporary (ex parte) Order
When you go to court to request a restraining order, the clerk will give you a court date for when you are to appear at a hearing. The court date is usually within three weeks. You can request a temporary restraining order at that time, which will last for up to 15 days or until you have your court hearing (within three weeks). You can get this temporary order “ex parte,” which means you can get it without your abuser being there.
Restraining Order After Hearing
After the court hearing, a judge may grant you a restraining order after hearing that can last up to five years. This order is designed to keep your abuser from threatening, harassing or abusing you.
When that expires, you can ask the court to have the order extended for another five years, or permanently. The court will make this extension if it believes you have a reasonable fear that your abuser will threaten, harass, or abuse you again once the first order expires.
If you feel you need a restraining order, please email us through our discreet web form or call us for a consultation at 310.481.0300. Again, if you feel you’re in immediate danger, please call 9-1-1.