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Domestic violence can be a deeply traumatic and emotionally draining experience, and it’s important to have an advocate who can help you navigate the legal system and ensure that your rights are protected. That’s why it’s important to have a knowledgeable and experienced attorney on your side. From filing to finalizing, your lawyer is there to advise, advocate, and protect your rights during the process.

What is the role of a lawyer for a domestic violence restraining order?

When filing a domestic violence restraining order, the lawyer’s role is to provide insight, information, and guidance throughout the process, as well as legal representation in all hearings related to the restraining order. They may assist in filing paperwork, represent you in court, and fight on your behalf if your abuser chooses to contest the restraining order.

How do you file for a restraining order in California?

A qualified lawyer will provide guidance and support throughout every step of the process, so the first step is to hire your representation and discuss. From there, filing for a restraining order often involves filling out the required paperwork with the court, serving your abuser, and attending a court hearing. If it is dangerous to serve your abuser personally, your lawyer may make arrangements to have the papers served by a court process server or law enforcement official.

Do you need to hire a lawyer / attorney for domestic violence restraining orders?

Hiring a lawyer is not a requirement for filing for a domestic violence restraining order. However, it is recommended because a lawyer provides incredible value at every stage of the process. From the beginning, they are there to assist with forms, provide legal expertise, knowledge, emotional support, and advocacy. Once the request is officially filed, the lawyer may also assist in evidence gathering to help build your case against your abuser and provide representation in court. After the order is finalized, the lawyer may assist with enforcing it by notifying the appropriate parties when there is a breach.

How does a domestic violence restraining order work?

Once a judge rules to put a domestic violence restraining order in place, your abuser is legally required to abide by its terms of face arrest and criminal charges. The abuser must abide by all terms, which may prohibit them from coming within a certain distance of you or your family, entering your home or workplace, or trying to contact you by various means.

What constitutes domestic abuse?

Domestic abuse has many faces, including physical abuse, emotional or psychological abuse, sexual abuse, financial abuse, stalking, or harassment. If you are unsure if your situation constitutes as domestic abuse, it is recommended that you contact a qualified attorney and discuss the situation so they may provide information and guidance.

If you need help with filing a domestic violence restraining order in the greater East Bay Area, including San Leandro, Oakland, Hayward, Union City, & Fremont, contact Vonnah Bagner at Bagner Law, PC today!