Silicon Valley Domestic Violence Attorney
Get Answers to Your Questions About Restraining Orders
Are You Seeking to Apply for a Restraining Order Against Someone?
People seeking protection from an abusive ex-spouse or domestic partner often turn to a restraining order as their first line of defense. They aren't the perfect answer, but they serve well as a deterrent against someone who is concerned about the legal problems that come with violating a court order. If you are seeking a restraining order or other type of order of protection, get straight answers about how to apply them and how to make sure they are enforced.
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For more than a quarter of a century, The Law Office of Victor M. Castro has been working with people seeking restraining orders. We know what judges expect and work quickly to help you get the legal protection you need. Contact us today.
What Does a Restraining Order Do?
The court may issue an ex parte order directing one person from coming within a specified distance of, or disturbing the peace of, another person. At the discretion of the court, other family or household members may be included.
The person named in the order is directed to desist from:
- Molesting, battery and assault
- Stalking, harassment and threatening actions
- Sexual assault
- Telephone, mail or other indirect contact
- Destroying personal property
- Coming within a specified physical distance
It is also forbidden to disturb the peace of the protected person and members of her (or his) family or household.
What does it take to get a restraining order against another party? An order of protection may be issued without notice to prevent a recurrence of domestic violence and to ensure a period of separation for the person or people involved. You will be required to sign a legal affidavit swearing to a past incident or to show other reasonable proof of past acts of abuse.
Have You Been Charged With Violating a Restraining Order?
Unfortunately, many people seek restraining orders without just cause. A spouse seeking custody of a child in divorce may seek a restraining order to indicate that the other parent cannot be trusted with the child. Individuals who have a restraining order or other order of protection against them are often unfairly prevented from entering their own home or seeing their children. If you are facing a false accusation, hire a lawyer right away. It's unfair, but the problem won't go away by itself.
If you have been accused of violating a restraining order or are seeking to have an inappropriate TRO removed, contact our office to discuss your circumstances in a free telephone consultation with attorney Victor Castro. From our office in San Jose, California, we represent clients throughout Silicon Valley and Santa Clara County.
