Restraining Orders & Protective Orders

Sacramento Restraining Order Attorney

Immediate legal protection when you need it most. Attorney Marco Sarkovich serves clients throughout Sacramento, Placer, El Dorado, and Yolo counties — available 24 hours a day, every day.

Call (916) 545-5036 — Free Consult Send Us a Message

If you are in immediate danger, call 911. For same-day legal help: (916) 545-5036 — available 24 / 7

24/7
Available Now
FREE
Qualifying Consultations
5+
Years of Practice
4
Counties Served
Why This Matters

Your Safety Cannot Wait

Domestic violence restraining orders are among the most urgent matters in California family law. The difference between having skilled legal representation and going through the process alone can mean the difference between getting the protection you need — or having your request denied at the hearing.

Attorney Marco Sarkovich founded the Restraining Order & Custody Law Office because he believes no victim of domestic violence or harassment should face the court system without a knowledgeable advocate. From the moment you call, this firm moves quickly and decisively — filing your paperwork, preparing your evidence, and standing beside you in court.

Free consultations are available for qualifying restraining order cases. Call (916) 545-5036 any time — 24 hours a day, 7 days a week. We serve clients throughout Sacramento, Placer, El Dorado, and Yolo counties.

If you are in immediate physical danger, call 911 first. Law enforcement can issue an Emergency Protective Order on the spot — any time of day or night — that takes effect immediately. Once you are safe, call us to help you take the next legal steps.

Understanding Your Options

Types of Protective Orders in California

California offers several layers of protection, each designed for a different stage and level of urgency. Understanding which order applies to your situation is the first step.

5 – 7
Days

Emergency Protective Order (EPO)

Issued by law enforcement at the scene — no court visit required. Available 24 hours a day, 365 days a year. If police respond to a domestic violence call or you contact them directly, they can call a judge and have an EPO in place within minutes. It provides immediate protection and buys you time to file for a TRO.

Immediate — No Court Appearance Required
20 – 25
Days

Temporary Restraining Order (TRO)

Filed at Sacramento Superior Court — typically the same day with the right preparation. The judge reviews your paperwork without the restrained person present (ex parte) and issues the TRO if sufficient grounds exist. It remains in effect until your full hearing date, typically 20 to 25 days later. Attorney Sarkovich ensures your TRO application is complete, accurate, and compelling.

Same-Day Filing at Sacramento Superior Court
Up to
5 Years

Restraining Order After Hearing (DVRO)

The long-term protective order issued by a judge after both parties appear in court. This is the most important hearing in the process — both sides present evidence and the judge decides whether to grant a permanent order lasting up to 5 years, renewable. Having an attorney present your case at this hearing is critical. Mr. Sarkovich prepares your evidence, prepares you to testify, and argues your case before the judge at the William R. Ridgeway Family Relations Courthouse.

Up to 5 Years · Renewable · Criminally Enforceable
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Up to
3 Years

Civil Harassment Restraining Order

For situations involving neighbors, acquaintances, or strangers — not intimate partners or family members. California Code of Civil Procedure Section 527.6 allows victims of harassment, stalking, threats, or violence to seek court protection regardless of relationship. The standard for proof is slightly different from a DVRO, and the process is handled in Sacramento Superior Court civil division.

Non-Domestic Relationships · Civil Division
Full Representation

How We Protect You

ROC Family Law handles every stage of the restraining order process — from same-day emergency filings to contested hearings and long-term enforcement — across Sacramento, Placer, El Dorado, and Yolo counties.

Emergency Filing

We move the same day. Mr. Sarkovich prepares your TRO application with the specificity and documentation that courts require, and files it at Sacramento Superior Court as quickly as possible.

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Hearing Preparation

The full hearing is where most unrepresented victims lose their case. We organize your evidence — photos, police reports, messages, medical records, witness statements — and prepare you to testify confidently and clearly.

Court Representation

Mr. Sarkovich appears at the William R. Ridgeway Family Relations Courthouse and Sacramento Superior Court personally — arguing your case before the judge and cross-examining the restrained party's testimony.

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DVRO & Custody

When domestic violence overlaps with a custody dispute, Family Code Section 3044 creates a presumption against granting custody to the offending parent. We handle both matters simultaneously to protect you and your children.

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Renewals & Modifications

Restraining orders expire. We file timely renewal requests and handle modifications when circumstances change — expanding protected persons, adjusting terms, or extending duration when ongoing danger exists.

DVRO Defense

If a restraining order has been filed against you, the stakes are equally high — it affects your freedom of movement, your job, your firearm rights, and your custody case. We provide vigorous, fair representation for respondents too.

California Law

What the Law Requires — and How We Use It For You

California's Definition of Abuse

Under Family Code Section 6203, California defines abuse broadly. You do not need to have been physically struck to qualify for a DVRO. The law covers physical violence, threats, stalking, harassment, disturbing your peace, destroying your property, and coercive control. If the other person's conduct has made you feel unsafe in your home or daily life, you may have grounds for a restraining order.

Who Qualifies for a DVRO

DVROs are available to victims who have a qualifying relationship with the restrained person. Under Family Code Section 6211, this includes current or former spouses, domestic partners, dating partners (current or former), co-parents, and certain close family members — including parents, children, siblings, and in-laws. For all other relationships — neighbors, coworkers, acquaintances — a Civil Harassment Restraining Order under Code of Civil Procedure Section 527.6 is the appropriate remedy.

The Domestic Violence Presumption in Custody

Under Family Code Section 3044, a finding that a parent committed domestic violence in the past five years creates a legal presumption that awarding custody to that parent is detrimental to the child. Courts take this presumption seriously. If you have children and are seeking a DVRO, your restraining order case and your custody case are deeply connected — and should be handled by an attorney who understands both.

Sacramento County Courthouses

Most DVRO matters in Sacramento are heard at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road, Sacramento. Civil harassment matters are typically filed at the Gordon D. Schaber Sacramento County Courthouse at 720 Ninth Street. Attorney Sarkovich appears regularly in both courthouses and is familiar with local filing procedures, judicial preferences, and court timelines. Clients in Yolo County are typically served through Yolo County Superior Court in Woodland, CA.

Step by Step

What Happens When You Call Us

01

Free Confidential Consultation

Call or message us any time — day or night. Attorney Sarkovich personally reviews your situation during a confidential consultation over Zoom or phone. He listens to what has happened, explains your legal options, and tells you exactly what to expect. There is no obligation, and qualifying cases receive this at no cost.

02

Emergency Filing — Same Day When Needed

When your safety is at immediate risk, we move without delay. Mr. Sarkovich prepares your Judicial Council Form DV-100 with precise, legally compelling language — the kind of detail judges look for — and files it at Sacramento Superior Court the same day. We also coordinate with law enforcement regarding EPO status if applicable.

03

Evidence Gathering & Hearing Preparation

Between the TRO and your full hearing, we work intensively to build your case. This means organizing your documentation — text messages, emails, photos, police reports, medical records, incident logs — and preparing you thoroughly for testimony. We also handle service of the restraining order on the restrained person through the proper legal channels.

04

The Full Hearing — We Stand Beside You

Mr. Sarkovich personally appears at your hearing at the William R. Ridgeway Family Relations Courthouse. He presents your evidence, examines witnesses, cross-examines the respondent, and argues your case directly to the judge. You will not walk into that courtroom alone.

You Deserve to Feel Safe

Free consultations for qualifying restraining order cases. Available 24 hours a day — because domestic violence emergencies do not wait for business hours.

Call (916) 545-5036 Now Send Us a Message
Common Questions

Restraining Order FAQ — Sacramento

The questions we hear most often. If yours isn't here, call us at (916) 545-5036 — available 24/7.

You can get a Temporary Restraining Order (TRO) the same day you file at Sacramento Superior Court. The judge reviews your paperwork and — if sufficient grounds exist — issues the TRO without the other party present. An Emergency Protective Order (EPO) can be issued by law enforcement within minutes, 24 hours a day, any day of the week, without any court visit required.
You are not legally required to have an attorney, but having one dramatically improves your outcome. Represented petitioners are significantly more likely to have their restraining orders granted at the full hearing. An attorney ensures your paperwork is complete and compelling, your evidence is properly organized, and you are prepared for cross-examination by the other side. ROC Family Law offers free consultations for qualifying cases.
An Emergency Protective Order (EPO) is issued by law enforcement on the spot — no court visit required — and lasts 5 to 7 days. A Temporary Restraining Order (TRO) is issued by a judge at Sacramento Superior Court the same day you file and lasts 20 to 25 days until your hearing. A Domestic Violence Restraining Order (DVRO) — also called a Restraining Order After Hearing — is the long-term order issued after your court hearing and can last up to 5 years, renewable.
Yes. California law defines abuse broadly under Family Code Section 6203. Physical violence is not required. Harassment, threats, stalking, emotional abuse, disturbing your peace, destroying your property, and monitoring your digital communications can all qualify. If the other person's conduct has made you feel unsafe, contact us for a free confidential consultation.
The hearing takes place at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road in Sacramento. Both parties appear before a judge. You present your evidence and may testify. The respondent has the opportunity to respond and cross-examine. The judge then decides whether to issue a permanent restraining order lasting up to 5 years — or deny the request. Having an attorney present your case at this hearing is critical to the outcome.
Yes, significantly. Under California Family Code Section 3044, a finding of domestic violence in the past 5 years creates a legal presumption against awarding custody to the offending party. A restraining order is powerful evidence in a custody case. If a restraining order has been filed against you, it can also be used to restrict your custody rights. Attorney Sarkovich handles the intersection of restraining orders and custody in the same case — protecting both your safety and your parental rights simultaneously.

Also Serving

Child Custody Attorney Sacramento
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Tell us about your situation. Attorney Marco Sarkovich personally reviews every inquiry and responds promptly. All communications are strictly confidential — your safety and privacy are our priority.