Sacramento Domestic Violence Attorney

Emergency Protection Order (EPO)
An Emergency Protective Order (EPO) is secured by a law enforcement officer who is made aware of the immediate and present danger of abuse or domestic violence. Family Code §6250. An EPO only lasts from 5 to 7 days. This gives the protected party time to apply for temporary restraining orders (TRO).

Temporary Restraining Order (TRO)
A Temporary Restraining Order is intended to prevent a recurrence of domestic violence and ensuring a period of separation for the persons involved. If granted, these orders are immediately enforceable and don’t expire until the hearing.

Domestic Violence Restraining Order (DVRO)
These are long-term orders that are issued after notice to the Respondent and a hearing. The Petitioner must file a proof of service proving that the Respondent was served with the TRO application and any temporary orders. The Respondent may file a Responsive Declaration rebutting the allegations of abuse before the hearing. At the hearing, the parties provide sworn testimony. If the Petitioner demonstrates to the Court’s satisfaction reasonable proof of a past act or acts of abuse, a DVRO will be issued.

Criminal Restraining Order (CRO)
These are issued by the Criminal Department of the Superior Court after a Defendant has pleaded no contest or has been found guilty of a crime. The purpose of these orders is to protect the crime victim from further abuse or contact with the person convicted. Frequently, issuance of a CRO is a condition of parole or probation.

Absolutely. California law recognizes that domestic violence affects not only the direct victim, but also minor children living in the same home.

If the Family Court makes a finding of domestic violence “abuse”, the Family Court must then apply the presumption that the abuser is not entitled to custody of children s/he has with the abuse victim or joint custody. Family Code §3044.  

Before a Family Court can award custody or joint custody to a perpetrator of domestic violence, it must state on the record, that giving him or her custody or visitation is in the child's best interest and that the remaining six factors set forth in section 3044 are overcome. Those factors are:

• Completion of a batterer's treatment program meeting the criteria of Penal Code § 1203.097(c).
• Completion of a program of alcohol or drug abuse counseling, if the court determines such counseling is appropriate,
• Completion of a parenting class, if the court determines the class to be appropriate,
• Compliance with the terms and conditions of probation or parole,
• Compliance with any protective order or restraining order, and
• That the perpetrator has not committed further acts of domestic violence.

Yes. A restrained party cannot own, possess, purchase, or receive any firearms during the term of the protective order. [Family Code §6389(a).] A violation is punishable by up to one year in jail or a $1000 fine or both. [Penal Code §29825(a).]

If an officer serves a protective order and there is an indication that the respondent has a gun or ammunition, the officer can take the firearm and ammunition immediately. [Family Code §6389(c)(2).]

Take threatening phone calls seriously and report them to your local police department. In Sacramento, you can use the Sacramento Online Reporting System or call (916) 808-5471.