Q: How long after an arrest (time limit) for domestic violence can i get a restraining order against my spouse
Spouse arrested for domestic violence along with a felony vandalism
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- California
- (916) 704-3009
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- Answered
A:
Under California law, you can request a restraining order against your spouse immediately following an arrest for domestic violence. There is no mandatory waiting period to apply for a restraining order in such cases. The courts prioritize these requests due to the urgent nature of the circumstances. You may apply for an Emergency Protective Order (EPO) which can be issued by the police on the scene and is valid for up to seven days, giving you time to apply for a longer-term order.
Additionally, you can apply for a Temporary Restraining Order (TRO), typically valid for 20 to 25 days until your court hearing date, where you can then seek a Permanent Restraining Order, which may last up to five years. It is advisable to act promptly to ensure your safety and to utilize legal assistance if needed to navigate the process.
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