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How Do I Get a Restraining Order in San Jose?

Posted by Ahluwalia Law Professional Corporation | May 27, 2013 | 0 Comments

A restraining order in San Jose can help protect you from abuse, violence, or harassment. Under certain circumstances, a law enforcement officer will request an emergency protective order (EPO) that lasts for five days, and the district attorney may issue a criminal protective order that lasts longer. However, there are many circumstances under which you will need to request a restraining order on your own. San Jose family law attorney Madan Ahluwalia, can help you request the proper type of restraining order and fill out your forms correctly so that you can get the protection that you need.

Who Can I Get a Restraining Order Against in San Jose?

If you feel threatened or are in fear for your safety, a restraining order can help by prohibiting the restrained person from coming near you or contacting you. According to San Jose family law, in order to qualify for a domestic violence restraining order you and the person the order is against must have one of the following relationships:

  • Married
  • Domestic partners
  • Divorced
  • Legally separated
  • Dating or have dated
  • Living together or have lived together
  • Have a child together
  • Close relatives

If a domestic violence restraining order is not permitted in your case, a civil harassment restraining order may be appropriate.

How Do I Get a Restraining Order in San Jose?

You will need to file numerous forms with the court, including a request for a temporary restraining order. You do not have to go to court to get the temporary restraining order, but you will have to attend a hearing if you wish to have the order made permanent.

A San Jose family law lawyer can help you fill out your forms and file properly so that your orders will go in effect quickly and so that you are granted the protection that you truly need.

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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