If there is active domestic violence, the first thing to do is call the authorities; call 911, call the police, call the fire department, or call CPS, depending on what the situation is. After that, you would contact an attorney who can tell you if your alleged domestic violence warrants a domestic violence restraining order in his opinion, and he will assist you in applying to the court for that order. Temporary orders are given on a much expedited basis. You or your attorney can go in without any notice to the other party and generally, a protective, temporary restraining order (TRO) can be obtained immediately. If you know the night before, you can be in court the next morning and get your restraining order by lunchtime. After obtaining the TRO, it must to be served upon the restrained party. A temporary restraining order will be served by the police department or the sheriff’s department. Once that is in accomplished, you would be provided whatever protection you requested and the court deemed necessary for your protection. Protection might include; exclusive use of the home; keep the offending party a distance away from you and the children, if they were involved; away from your place of employment; away from your car. Depending upon the severity of the violence, the court may grant a variety of stay-away orders or protective orders to keep the violent act or harm from occurring again in the future.
For additional information please review the information available on the civil restraining orders and domestic violence restraining orders sections of our site at or contact the Divorce Attorneys at Fischer & Van Thiel LLP at (760) 722-7646.