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Understanding the Expiration of Domestic Violence Restraining Orders
Legal Definition and Duration of Domestic Violence Restraining Orders
Domestic Violence Restraining Orders (DVROs) are legal injunctions that protect victims of domestic violence by legally prohibiting the abuser from contacting or approaching them. In California, temporary restraining orders typically last between 20 to 25 days up until the court hearing date. However, the duration can vary based on the severity of the case and the judge's discretion. Understanding the legal definition and duration of DVROs is crucial for victims residing in Calabasas, CA, as it helps them plan their next steps and seek further protection if necessary.
It's important to note that DVROs are not permanent solutions. They are designed to provide immediate protection to the victim while giving them time to explore other legal options. The expiration date of a DVRO is typically specified in the order itself. However, in some cases, the expiration date might be extended by the court, especially if there's an ongoing risk of harm to the victim.
Legal Options After the Expiration of a Domestic Violence Restraining Order
Applying for an Extension of the Restraining Order
If your Domestic Violence Restraining Order is about to expire and you still feel threatened, one of your options is to apply for an extension of the order. In California, you can request an extension of a temporary restraining order at any time before it expires. The court will consider factors such as the severity of the threat, the likelihood of future violence, and the abuser's past behavior. If the court finds sufficient evidence of ongoing risk, it might extend the order for up to five years or even permanently in some cases.
To apply for an extension, you will need to file a request with the court and attend a hearing. At the hearing, you will have the opportunity to present evidence and make your case for why the order should be extended. This process can be complex and emotionally draining, which is why it's highly recommended to seek the assistance of a skilled family law attorney in Calabasas, CA. At Feinberg & Waller, APC, we have extensive experience in handling such cases and can guide you through every step of the process.
Requesting a Permanent Restraining Order
In some cases, you might decide to request a permanent restraining order instead of an extension. A permanent restraining order, as the name suggests, does not expire and provides long-term protection. However, obtaining a permanent restraining order is not easy. You will need to prove to the court that there's a high risk of future violence and that a permanent order is necessary for your safety.
Just like with an extension, you will need to file a request with the court and attend a hearing. You will also need to present compelling evidence to support your case. This might include police reports, medical records, photographs of injuries, and testimonies from witnesses. Given the high stakes and the complexity of the process, it's crucial to have a knowledgeable and experienced domestic violence attorney by your side. If you're in Calabasas, CA, and need help with this process, don't hesitate to contact Feinberg & Waller, APC. We are committed to protecting your rights and ensuring your safety.