Domestic Violence Restraining Orders Attorneys in Livermore, California

Going through a divorce is an incredibly emotional and challenging process. In some divorces, one or both spouses may be worried about their safety, well-being, and future. They may fear that their ex-partner will seek revenge in some way. Domestic violence or financial retribution are two fears people going through a divorce face.

If you are in a situation like this, it is important to take the right steps to protect yourself and any children you may have. A restraining order against your ex-spouse or soon-to-be-ex is a major action you can take to help you stay safe and legally protected.

At Crumpley & Crumpley PC, we can help you understand your options and guide you through the process of obtaining a restraining order during the divorce. We prioritize communication with our clients and aggressively advocate for their best interests. Our team will do everything we can to reach an amicable resolution in your case, but we are absolutely ready to represent you in court if that is what it takes. 

Crumpley & Crumpley PC is proud to represent clients in Livermore, California, as well as Walnut Creek, Danville, Pleasanton, Dublin, and the nearby areas.

What Is a Restraining Order?

A restraining order, which is also known as a protective order, is a court order that protects an individual from several actions, including physical or sexual threats, stalking, harassment, or abuse. A restraining order can include a personal conduct order, a stay-away order, and a residence exclusion (a “kick-out” or “move-out” order). 

It is important to know that restraining orders can be used during a divorce to prevent the other spouse from bad faith financial tactics (such as removing money from a joint account) or from moving the children to a new home before the divorce is finalized.

Who Can File for a Restraining Order?

Certain conditions apply to who can file for a domestic violence restraining order. The first condition is that the restraining order must be against someone who has abused you or has threatened to abuse you. 

The second condition is that you have a close relationship with that person. For example, if you were married, had a registered domestic partnership, are divorced, lived together or used to live together, or have a child together, then you can file a domestic violence restraining order.

If both of these conditions are met, then you will be able to file a domestic violence restraining order. A domestic violence restraining order can be put into effect after a domestic violence case. Obtaining a restraining order during the divorce can provide you with peace of mind during this difficult time.

What Types of Restraining Orders Are Available?

There are several types of restraining orders under California law. In addition to domestic violence restraining orders, there are also emergency protective orders. 

Under an emergency protective order, an individual who fears that they will be harmed soon can file for this order which lasts from three to seven days. This is typically issued by the police. During the period of the emergency protective order, he or she can file for a more permanent restraining order.

You can also seek a temporary restraining order, which would be in effect for a specified amount of time. A temporary restraining order can be used during the time when the divorce is being finalized.

What Limitations Will a Restraining Order Set?

There is a variety of limitations that a restraining order can set. The limitations will be specific to each case.

In general, a restraining order can order the person to stop doing a variety of actions, such as contacting, calling, or sending any messages to the person seeking the order. It prevents them from more serious actions, such as stalking or harassment, as well.

A restraining order that includes a stay-away order can require the restrained person to keep a certain distance. That distance can be from the location where the protected person currently is, lives, works, goes to school, and other locations, as well as his or her vehicle.

Lastly, in a residence exclusion, the restraining order can order the restrained person to move out from where the protected person lives. This is only applicable in either domestic violence or elder or adult abuse cases.