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Common San Jose Restraining Order Questions

Posted by Ahluwalia Law Professional Corporation | Jul 16, 2013 | 0 Comments

If you are having difficulties with someone abusing, harassing, or threatening you, or you have been accused of doing these things, you may want to consider a domestic violence restraining order. San Jose Family Lawyer Madan Ahluwalia of Ahluwalia Law is here to help you through the process of obtaining or defending yourself from a domestic violence restraining order.

What do I need for a restraining order?

If you have been the victim of, or accused of, domestic violence, stalking, harassment, or threatening behavior, seeking a restraining order may be appropriate. A restraining order is a court order that helps protect people from abuse. You can ask for a restraining order if:

  • A person has abused you (spoken, written, and/or physical), and
  • You have a close relationship with that person (married, divorced, separated, live together, and/or dating), or
  • You are related to that person (parent, child, in-law, and so forth)

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. We can help you explore your options and file any necessary paperwork.

How soon can I get a restraining order?

Our experienced San Jose family lawyer Madan Ahluwalia of Ahluwalia Law can help you file you a domestic violence restraining order. The judge can process it as soon as the next business day, or sooner.

How will the restraining order help me?

Restraining orders can affect divorces, custody agreements, and domestic violence. When you file a restraining order that means that people are legally barred from:

  • Contacting you or your loved ones
  • Having a gun
  • Staying at your residence
  • Coming within a physical distance
  • Actions that may be detrimental to a family business

What if there is a False Accusation for a Restraining Order?

Unfortunately, sometimes people seek restraining orders without just cause.  You are now legally required to fight this restraining order so that you can keep it off of your record. If you are facing a false accusation, contact our San Jose family lawyer right away.

In addition, our experienced San Jose family law lawyers can help you ensure that the person receiving the restraining orders will still pay child support and follow child custody and visitation orders

Experienced San Jose Family Attorneys Can Help

To learn more about restraining orders in San Jose, please call San Jose family law attorney Madan Ahluwalia of Ahluwalia Law P.C. (408) 416-3149 or contact us online today.

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