When to File a Restraining Order

If you are a victim of domestic violence, get to a safe place and contact The Domestic Abuse Hotline at 1-800-799-7233.

To ensure you and the members of your household stay safe from an abusive person, you should seek a restraining order against that person.

If you or anyone in your household have been the victim(s) of abuse, leave the scene as soon as you can. If you have nowhere to go, head to the nearest police station and ask to file a restraining order.

Depending on your situation, there are a few types of restraining orders you could seek:

1. Emergency Protective Order (EPO): If you are in immediate danger, a police officer can request an EPO from the court; this can be issued 24 hours a day. For an EPO to be issued, one of the following must be present:

• sufficient reason for a judge to believe there is a present danger of domestic violence;
• a child is in danger of abduction or abuse;
• an elderly person (or dependent adult) is in immediate danger.

Once issued, an EPO is immediately effective and lasts for 1 week. If the abuser lives in your home, a judge can order them to leave the house for the duration of the EPO. The purpose of an EPO is to prevent the abused while they seek a more permanent restraining order.

1. Temporary Restraining Order (TRO): A TRO can last between 20 to 25 days. It’s issued when a judge believes you are in immediate danger and need protection until a court can hear your case. At the end of the TRO, you will attend a hearing where a judge will determine whether to issue a permanent restraining order.
2. Permanent Restraining Order (PRO): Before a PRO can be issued, there must be a court hearing. The length of time covered by a PRO varies depending on the type of abuse. A domestic violence restraining order can last for 5 years.

Contact Cianci Law, PC

If you are seeking a restraining order due to a domestic violence situation, contact our firm as soon as you can. We have extensive experience with restraining orders and can possible help you speed up the process so you and your family can be safe.

Call our firm at (916) 797-1575 or contact us online for a legal consultation.