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Domestic Violence
Restraining Orders
Understanding your legal options is the first step toward protection. James Chau has represented clients in restraining order proceedings in Santa Clara County for more than 15 years.
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Are You in Danger Now?
If you need help right now, call "911."
For other support related to domestic violence, you can also call:
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Your local Domestic Violence Shelter, or
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The National Domestic Violence Hotline: 1-800-799-7233 (available 24 hours)
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Text option — you can also reach the hotline by texting START to 88788. That is important for someone who cannot safely make a phone call.
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Chat option — TheHotline.org has live advocates available to chat, also useful when a call is not safe.
For your safety, you may want to clear your browser history after visiting this page.
How to clear your history
You do not have to navigate this process alone. California law provides several forms of protection depending on your circumstances. Whether you are seeking protection or responding to a restraining order, understanding your rights and acting promptly can make an important difference in the outcome of the case.
A domestic violence restraining order is a court order that can protect you and your family from abuse, threats of abuse, or harassment from someone with whom you have a close relationship. Understanding what a restraining order can do, what type applies to your situation, and how to obtain one are the first steps toward getting protected.
James Chau has represented clients in domestic violence restraining order proceedings in Santa Clara County for more than 15 years. He will explain the available legal options, help you understand the process, and represent you throughout your case.
California Law
Who Can Request a Domestic Violence Restraining Order
You may be eligible to request a domestic violence restraining order if you have been abused or threatened with abuse by someone with whom you have a qualifying relationship. California law defines a close relationship as:
Married or registered domestic partners
Divorced or separated
Currently dating or formerly dated
Living together or formerly lived together
more than roommates
Parents of a child together
Closely related by blood or marriage
including parents, children, siblings, grandparents, and in-laws
Scope of Protection
What a Restraining Order Can Do
A domestic violence restraining order is issued by a judge and is legally enforceable. Depending on the circumstances, a restraining order can:
Stay-away orders
require the restrained person to stay away from you, your children, other family members, and others living with you
No contact
prohibit the restrained person from contacting you in any way
Move-out order
require the restrained person to move out of your home, even if you live together
Firearm prohibition
prohibit the restrained person from possessing a gun
Child custody and visitation
establish temporary arrangements
Support orders
require payment of child support or spousal and partner support
Pet protection
require the restrained person to stay away from your pets
Cell phone transfer
transfer rights to a cell phone number and account to the protected person
Financial protections
prohibit changes to insurance policies and significant financial transactions affecting marital property
Property return
require the return of certain property
Batterer program
order completion of a 52-week batterer intervention program
What a restraining order cannot do: A restraining order does not end a marriage or domestic partnership. It also cannot establish parentage of children unless both parties agree to parentage and consent to a court judgment on that issue.
Types of Orders
Types of Domestic Violence Restraining Orders in California
Domestic violence restraining orders follow a sequence. Understanding what happens at each stage can help you know what to expect.
Emergency Protective Order (EPO)
Usually requested by responding law enforcement at any time of day or night by contacting an on-call judge. An EPO takes effect immediately and lasts up to seven days, giving the protected person time to go to court and file for a temporary restraining order.
Temporary Restraining Order (TRO)
Obtained by filing paperwork with the court. If the judge finds sufficient cause, the TRO is typically issued the same day without requiring the other party to be present. A TRO generally lasts 20 to 25 days until the scheduled hearing.
Restraining Order After Hearing
At the scheduled hearing, if the judge finds that abuse occurred or there is a credible threat, the court may issue a restraining order lasting up to five years. At the end of that period, you can request a renewal to remain protected.
Criminal Protective Order
When domestic violence results in criminal charges, the criminal court may issue a protective order against the defendant while the case is pending and, if convicted or guilty, for a period determined by the court based on the nature of the charges.
Approach
How James Chau Can Help
Domestic violence proceedings often move quickly. James helps clients prepare the necessary paperwork, gather supporting evidence, present their case at the hearing, and understand how restraining orders may affect related issues such as child custody, support, and divorce.
Respondents
Responding to a Restraining Order
Restraining orders can also be filed against you. If you have been served with a restraining order and believe it is based on false or exaggerated claims, you have the right to appear at the hearing and present your case. A restraining order on your record can affect your employment, housing, and custody rights. James can represent you at the hearing and help you prepare and present your response.
Speak Directly with James Chau
Schedule a free 20-minute consultation. No obligation. You will speak with James, not a staff member.
Why Clients Choose James Chau
Certified Family Law Specialist by the State Bar of California Board of Legal Specialization
More than 15 years serving San Jose and Santa Clara County as a family law attorney
Direct communication with James throughout your case
Representation for both protected parties and those responding to restraining orders
Experience with domestic violence restraining order proceedings in Santa Clara County Superior Court
Serves English, Mandarin, and Vietnamese speaking clients upon request
Frequently asked questions
Contact the Law Office of James Chau
The Law Office of James Chau, P.C. represents clients in San Jose and throughout Santa Clara County. If you are ready to speak directly with a San Jose divorce attorney, contact us online or call (408) 899-8364.