Restraining Orders: Domestic Violence Representation

Restraining orders are powerful legal tools. They call for the abuser to cease domestic abuse; they prohibit the abuser from owning or buying a gun; they require payment of outstanding child or spousal support; and they require the abuser to pay legal fees, medical bills and anything else the judge orders payment for.

Types Of Restraining Orders

California provides four different kinds of restraining orders for domestic violence situations. Fresno family lawyer Mike Splivalo can intercede for you in any of these four situations:

  • Emergency protective order: This is an order a police officer responding to a call or complaint can grant on the spot. The victim who has been abused has five business days to file a request for a permanent restraining order. In the meantime, the alleged abuser is required by law to stay away from the victim or victims.
  • Temporary restraining order: Also called an ex-parte restraining order, this order extends the court order until a formal hearing can be held. The victim may file a TRO without notifying the alleged abuser.
  • Restraining order after the hearing: This is the protective order that most of us think of, granted by a judge at a formal hearing. It can last up to five years, or even be made permanent.
  • Exclusive possession orders: Also called the kick-out protective order, this order requires that the abuser stay away from the home. The victim then has exclusive possession of the home. If an abuser violates this order, he or she can be arrested.

Fresno restraining order lawyer Mike Splivalo is ready to provide protection to any victim of domestic violence throughout the Central Valley. Our office will help you show the court why your request is a reasonable and necessary step to take.

Defense For Those Accused Of Domestic Violence

Orders of protection are not always fair. Very often restraining orders are tactics by one side in a divorce to secure advantage in custody and other matters.

Child custody is a major issue in domestic violence situations. We can help establish a supervised visitation plan. We can ensure that your spousal support payments are made. If the other party violates the restraining order, we will demand that the order is properly enforced.

You and your family's safety is always our first consideration. If you are in an unsafe situation, call our office immediately at 866-425-4971 or write to our attorney using this online form.