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Restraining Orders

The restraining order lawyers and attorneys of the San Jose office of The Moreno Family Law Firm can assist you in obtaining or defending yourself from a restraining order.

A domestic violence restraining order is a court order that helps protect people from abuse. "Abuse" means to hit, kick, hurt, scare, throw things, pull hair, push, follow, harass, sexually assault, or threaten to do any of these things. Abuse can be spoken, written, or physical.

You can ask for a restraining order if:

► A person has abused you, and
► You have a close relationship with that person (married, divorced, separated, dating or used to date, live together or used to live together*), or you are related (parent, child, brother, sister, grandmother, grandfather, in-law). You have to be more involved than just roommates.

What if you don't qualify for a domestic violence restraining order?

► Civil harassment order (can be used for neighbors, roommates, and co-workers).
► Dependent adult or elder abuse restraining order.

How soon can I get the order?

The judge will decide whether or not to make the order by the next business day. Sometimes the judge decides sooner.

How will the restraining order help me?

It can order the restrained person to:
► Not contact or go near you, your children, other relatives, or others who live with you
► Not have a gun
► Move out of your house
► Follow child custody and visitation orders
► Pay child support

How long does the order last?

The first (also called "temporary") order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 3 years. Child custody orders have different end dates and usually last until the child turns 18.

Do you need an attorney to get a restraining order?
An attorney can help you present the facts in a manner that will convince the judge that a restraining order should be awarded. Also, an attorney will know all of the procedures and forms to fill out. However, there is help available at the court for people seeking restraining orders. Click on http://www.scselfservice.org/fam/restraining.htm for help in obtaining a restraining order, and other resources available to victims of domestic violence.

Contact the child support lawyers and attorneys at the San Jose office of The Moreno Family Law Firm to help you with your case today.