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“I didn't think I would get so flustered in court, but I'm glad we had the support of Ms Prendergast to help guide us along. We won our restraining order and we are so thankful for her help, professionalism, and guidance. I highly recommend.” - Former Client
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“Kim and her staff handled the situation with sensitivity, empathy and caution, reaching out to other attorneys and researching law enforcement advisement when necessary. She was always available to me, and even though the bills added up, I feel she worked” - Former Client
What Is Considered Domestic Violence?
California law defines domestic violence as abuse or threats of abuse when the person being abused and the abuser are or have previously been in an intimate relationship. Qualifying relationships include married spouses or domestic partners, dating partners, cohabitants, co-parents, and those related by blood or marriage, such as children or in-laws.
Under California law, “abuse” includes:
- Physically hurting or trying to hurt someone intentionally or recklessly;
- Sexual assault;
- Making someone reasonably afraid they or someone else is about to be seriously hurt, such as through threats or promises of harm;
- Harassing, stalking, threatening, or hitting someone;
- Disturbing someone’s peace;
- Destroying someone’s personal property.
Abuse can be verbal, emotional, or psychological, not only physical. It’s also worth knowing that there is no filing fee to apply for a domestic violence restraining order in San Bernardino County, so cost alone doesn’t have to be a barrier to seeking protection.
Types of Domestic Violence Restraining Orders in California
Victims of domestic violence may obtain a restraining order that protects them from further abuse or threats of abuse by the offender.
You can petition for a domestic violence restraining order if you:
- Have experienced abuse or threats of abuse; and
- Have a close relationship with the abuser, such as being married, cohabitants, co-parents, or related by blood or marriage.
If you and the abuser don’t have a close relationship, you may be able to obtain a civil harassment restraining order instead.
The Four Types of Domestic Violence Restraining Orders
Depending on your situation, one or more of the following protective orders may apply:
- Emergency Protective Order (EPO). Only law enforcement can request an EPO on your behalf. In San Bernardino County, a responding officer or sheriff can call a judge any time, day or night, to request one immediately after a domestic violence incident. EPOs take effect right away and last up to 7 days, giving you time to file for a temporary restraining order.
- Temporary Restraining Order (TRO). Filed by the petitioner, a TRO lasts 20 to 25 days until the court hearing for a longer-term order. Your TRO petition should document everything that has happened and explain why protection is needed.
- Permanent Restraining Order. Issued after a court hearing, a permanent restraining order can last up to 5 years and may be renewed when that period ends.
- Criminal Protective Order (Stay-Away Order). When criminal charges are filed against the abuser, the criminal court can issue a criminal protective order while the case is pending. If the offender is convicted of domestic violence, the court can issue a post-conviction criminal protective order that may last up to 10 years.
What a Domestic Violence Restraining Order Can Accomplish
A restraining order is a legal tool. It can order the restrained person to:
- Not contact or go near you, your children, other relatives, or others who live with you;
- Stay away from your home, workplace, or your children’s schools;
- Move out of your shared home;
- Relinquish their firearm rights;
- Follow child custody and visitation orders;
- Pay child support;
- Pay spousal or partner support;
- Transfer the rights to a cell phone number and account to you;
- Not make changes to insurance policies;
- Not incur large expenses or take significant actions affecting shared property;
- Release or return certain property;
- Complete a 52-week batterer intervention program.
Filing a Domestic Violence Restraining Order in San Bernardino County
The process generally follows these steps:
- Step 1. You file the initial paperwork requesting a restraining order at the San Bernardino Superior Court Family Law Division.
- Step 2. The judge will decide whether to grant the order by the next business day.
- Step 3. If granted, the TRO takes effect immediately and remains in place until your court date.
- Step 4. The restrained person must be served with a copy of all restraining order papers before the hearing. In San Bernardino County, the Sheriff can serve these papers on your behalf at no cost to you.
- Step 5. The restrained person may file a written response to the request.
- Step 6. Both parties attend the court hearing.
- Step 7. If you don’t appear at the hearing, the TRO will typically end that day. If the abusive person doesn’t appear, they have no input in the outcome.
- Step 8. At the hearing, the judge will decide whether to extend or cancel the TRO. If extended, the permanent order can last up to 5 years.
- Step 9. If the judge also issues child custody or child support orders as part of the restraining order, those orders typically remain in effect until the child turns 18 or a judge modifies them.
Frequently Asked Questions
What Can I Do If the Restrained Person Violates the Domestic Violence Restraining Order?
Document the violation right away and contact law enforcement to report it. A violation can result in criminal charges against the offender. Keeping detailed records of every incident, including dates, times, and any witnesses, can support future legal proceedings or requests to modify your order.
How Long Does It Typically Take to Get a Domestic Violence Restraining Order in Redlands?
Once you file the initial paperwork, a judge will decide by the next business day. If a TRO is granted, it stays in effect until your court hearing, which is typically scheduled within a few weeks. A permanent restraining order, if granted after that hearing, can last up to 5 years.
Contact Law Offices of Kimberly Prendergast for Legal Assistance Today
If you’re facing a domestic violence situation, don’t wait to get help. Our domestic violence lawyer in Redlands can guide you through every stage of the protection process, from filing for a TRO to enforcing the terms of a permanent protective order. Law Offices of Kimberly Prendergast is ready to help you take the next step.
Schedule a consultation with the Redlands domestic violence attorney at Law Offices of Kimberly Prendergast online to get started.
Your Family Matters To Us, Call today