Serving Santa Clara County

Please contact us to schedule a consultation. We offer appointments via phone, video, or in person.

Male Judge Writing On Paper

3 Restraining Orders You Need to Know About if You’re Accused of Domestic Violence

In violent relationships between couples, a restraining order can provide protection to the victim of domestic violence from their abusive partner. However, there are cases where people will file unfair restraining orders against their partner to get an upper hand during divorce. Here are three restraining orders you’ll want to know about if you’ve been accused of domestic violence.

Emergency Protective Orders

The victim of domestic violence or the police can ask a judge to issue emergency protective orders (EPO’s). This type of restraining order that can be put into effect immediately and are to protect against imminent harm. EPO’s are meant to provide immediate protection for victims of:

  • Domestic violence;
  • Child abuse;
  • Stalking and;
  • Harassment, and other types of crimes.

Domestic Violence Temporary Restraining Orders

A domestic violence restraining order (DVRO) offers legal protection from domestic abuse to both male and female victims. A DVRO tells the abuser to stop the abuse or face serious legal consequences.  You can ask for a temporary order which instructs the abuse to leave the home and have no contact with you. Other protections can also be included, and this order can be requested should you feel you are in immediate danger or need protection.

Criminal Protective Orders

Criminal protective orders are meant to protect against someone who:

  • Hurt you;
  • Make you feel afraid;
  • Tried to stop you from testifying or;
  • Threatened to do any of the above

The court will usually issue a protective order against the party charged with domestic violence. The protective order may allow or prohibit any peaceful contact between parties. The court may also require the accused to handover any firearms within his or her possession. The accused would also be prohibited from possessing firearms while the criminal protective orders are in effect.

If you are facing an unfair restraining order, get into contact with the attorneys at the Law Office of Daniel Jensen. We know that an unfair restraining order can be detrimental to additional legal issues including child support and custody. Our lawyers will work to protect your rights in court.


Contact us
for Consultation

Please contact us to schedule a consultation. All appointments are offered via phone.

Related posts