Experienced San Diego Domestic Restraining Orders Attorneys

Requests for a domestic restraining order typically come from a conflict between people who have been personally close in some way. Those who are involved might feel misunderstood, angry and even afraid. If you are in a similar situation, you do not have to fight alone.

These are intense and unpredictable times in your life. You need a compassionate attorney who will fight for your best interests. At Contreras Law Firm, we serve clients on both sides of domestic violence allegations and other related legal matters throughout San Diego County and surrounding areas.

What Is A Domestic Violence Restraining Order?

The domestic violence restraining order (DVRO) is a court order telling an abuser to stop certain actions or face legal consequences. The accuser can request a domestic violence restraining order for the following persons:

• A parent
• Romantic partner
• A current or former spouse
• Someone who is related by blood, marriage or adoption
• Someone who is living in the same home

Whether you are seeking a restraining order or trying to prevent one, you should know that there are three types of DVROs a person may request. These types are:

• Temporary — When an individual goes to court to apply for the order, they can ask for a temporary order to protect them until their court date. This typically stays in effect for 20 to 25 days or until the court date, when the judge will decide whether the individual can request to make some or all elements of the order permanent.
• Restrictive protection orders — This order is issued if the requesting party or a child is in immediate danger. The court often grants these orders ex parte, which means the defendant is not present during the hearing to argue their side. This is allowed when there is the possibility of irreparable harm to the plaintiff or their children.
• Restraining order after hearing — This is the DVRO an individual can apply for after the final hearing. It can prohibit the subject of the order from contacting the individual and require the subject to avoid their home and workplace. Many DVROs also take away the subject’s right to own or possess a firearm. The order can last up to five years. In the last three months of the order, the person who sought the order can ask to have it extended to five years or permanently.

In California, the DVRO process begins with the person seeking the order filling out forms FL-300 (Request for Order) and FL-305 (Temporary Restraining Order) and filing them at their local courthouse. These forms ask the court to impose a restraining order on another individual and describe the reasons the order is necessary. To help make their case, the person seeking temporary and permanent restraining orders can include supporting documents like a police report, a letter from a doctor or a signed witness statement. Generally, they must also serve notice to the other individual that they are seeking an emergency restraining order, though the court can waive this in cases of danger of immediate harm. An attorney can help with this process.

After the documents are filed and served, a judge will decide whether to issue a temporary DVRO and schedule a court date. If the temporary order is issued, it takes effect immediately. The court date will be to decide whether a permanent order should be issued. Both sides get the chance to present evidence and argue for or against it. Your attorney can prepare your case and represent you at this hearing.

Knowledge of the law is crucial in the domestic restraining order process. Our lawyers can guide you in protecting your rights.

How We Can Help You

Domestic violence is a serious offense that can have a lasting impact on your family, your well-being and your emotional health. You may be a victim of domestic violence who is seeking protection through a domestic violence restraining order, or you may be a victim of someone who has wrongfully accused you of domestic violence. As a family law firm, our attorneys can assist you in filing a restraining order or defending against a restraining order and beginning divorce proceedings, if appropriate.

Many types of behavior could be considered domestic violence, including:

• Physical abuse of you or your child
• Emotional abuse
• Harassment through phone calls, texts, emails or social media posts
• Stalking, including showing up at your workplace or home

If you have recently been a victim of domestic violence, your first step should be to apply for a temporary restraining order to protect yourself and your children. A temporary restraining order will take effect immediately. This in turn provides you with the time you need to obtain a more permanent order.

A permanent restraining order can prevent the other person from coming near you or your family and from contacting you. The order can also provide guidelines for paying child support and can prohibit the person from accessing a joint bank account or using shared assets. A restraining order will help guarantee the safety of you and your family while you determine what further steps you wish to take against the abuser.

Accused Of Domestic Violence?

It is also common to see restraining orders wrongfully filed against someone who has not committed domestic violence. Nearly 1.5 million restraining orders issued in the United States are based on false domestic violence accusations. If you have been wrongfully accused of domestic violence, you, too, are a victim.

If you face false accusations of domestic violence, it is important that you hire an experienced domestic violence defense attorney who can assist you in presenting your case in front of the court. Having a restraining order on your record can have a severe impact on your job, your ability to see your children and your overall record.

Domestic Relations Restraining Order FAQ

Our clients often have a lot of questions about DRVOs and their rights. Here are some answers to get you started:

Can I get a restraining order if I am married?

Yes. In fact, to obtain a DVRO, you and the person you are seeking the order against must have or have had a close personal relationship. This includes being married or divorced from the person, along with being currently or formerly engaged or dating.

Can I get a restraining order for emotional or financial abuse?

Physical domestic violence is not the only reason you can seek a DVRO. Emotional and financial abuse are also grounds for a restraining order in California. Financial abuse includes controlling all the household finances, including your paycheck; making you financially dependent on them; identity theft; and withholding food, health care and other necessities from you. Frequently screaming at you, manipulating you, calling you names, isolating you from family and friends and publicly humiliating you are all examples of emotional abuse. A therapist or one of our attorneys can help you recognize signs of emotional or economic abuse.

What restrictions can be included in the DVRO?

A DVRO can require the subject not to go to the other person’s home, workplace or other places the person regularly spends time. If the parties live together, the order can force the subject to move out. It can also prevent the subject from going to their children’s school and contacting the children or their co-parent. This usually includes phone calls, text messages, emails, letters and all other forms of communication. However, if the subject has a child support or spousal support order to pay, they are expected to keep up with payments.

The order can also require the subject not to have access to any guns or ammunition. If the subject owns any firearms or ammunition, they will have to sell or give them away. Failure to comply with any of the terms of the order can lead to arrest and jail time.

How could a restraining order or domestic violence accusation affect my divorce?

An active or past DVRO can dramatically affect your divorce case. It could be grounds to grant sole child custody to one party and possibly strip the other of their parental rights or limit them to supervised visitation time. While California is a community property state that generally requires divorcing spouses to split their community property 50-50, when one spouse is subject to a DVRO, courts sometimes allow the other spouse to keep the subject spouse’s share in any pensions or retirement benefits they have earned.

Reach Out To A Caring Firm

This can be an intimidating and stressful process. An experienced, caring family law attorney who understands California law can help. Contact us today. You can send an email or call our San Diego offices at 619-908-1495 for professional counsel.