Respected San Jose Family Law Attorneys

Helping Clients Obtain Restraining Orders

When most people think of restraining orders in relation to family law, they think of domestic violence restraining orders (DVRO). However, restraining orders can also be used to prevent a former spouse from actions that could be detrimental to a family business. It is also important to keep in mind that an automatic temporary restraining order is in effect while a divorce is pending. At Lonich & Patton, LLP in San Jose, California, we have extensive experience in helping clients obtain restraining orders to protect them from physical and financial harm.

We are committed to helping protect victims of domestic violence. We recognize that the stress of a divorce can lead to violence, even when there is no history of domestic violence prior to the divorce action. Our attorneys are prepared to take quick and decisive action to obtain restraining orders when domestic violence occurs or is threatened.

Types of Domestic Violence Restraining Orders

A domestic violence restraining order (DVRO) can be of several types, including:

• Emergency protective order (EPO) - This type of order is issued by the police and lasts five to seven days, giving the victim time to file for a permanent restraining order.
• Domestic violence temporary restraining order or ex parte order - This type of order can be issued by the court without notifying the alleged abuser. They are temporary in nature and often are in effect for no more than three weeks.
• Criminal stay away protective order - This type of order requires that the perpetrator have no contact with the victim and typically lasts only as long as any criminal proceeding.
• Restraining order after hearing - This type of order is issued after a court hearing and after the court sets specific restrictions for the protection of the victim. It can last up to five years and be renewed if necessary.

Protecting Business Interests

Our attorneys can also help obtain restraining orders to protect the financial interests of a business. It is not uncommon for a spouse to take actions that are detrimental to a family business during a divorce proceeding. Our attorney can work with the courts to obtain restraining orders that will prevent a spouse from contacting clients, contacting tenants in investment properties, colluding with business partners, and misusing the financial assets of a company.

Contact Our San Jose Lawyers

If you have any questions about obtaining a restraining order or an order of protection, please contact Lonich & Patton, LLP for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.