Family law attorney
Serving Fresno Since 1979
Restraining Orders may be sought under the Domestic Violence Prevention Act, and may include, but are not limited to, orders regarding child custody and visitation, property control of a residence or vehicle, move-out order, stay away order, personal conduct restraining order.
If sufficient facts are provided, the Court may grant a temporary order which would be in effect until the time of the hearing. If the temporary order is not granted however, a court date will still be set for the Court to hear the matter and make a decision regarding any orders being requested. The Court will not make temporary orders for child support, spousal support, or attorney fees and costs, however, if such issues are properly brought before the Court, the court may make orders at the time of the hearing. At the hearing, the Court will decide whether to maintain any or all of the orders requested for a period of one to five years. If custody and visitation is an issue, the Court may refer these issues for mediation at the time of the hearing.
In the event a family law action (dissolution/divorce or legal separation) is subsequently filed, the Court may, at its discretion on receiving a proper request by a party, consolidate the two cases. However, if the restraining orders are not granted, the case will not be consolidated, and the domestic violence case will be dismissed.
It is a standard provision that if a restraining order is granted, you may not own or possess any guns, firearms or ammunition, and that any such guns, firearms or ammunition must be sold to a licensed gun dealer or turned into law enforcement within 24 hours of being served. A receipt must be filed with the Court within 48 hours of being served to provide such items were sold or turned in to law enforcement.
A violation of a restraining order is subject to civil and/or criminal penalty.