Restraining Orders

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San Diego family law attorneys to assist with restraining orders

It is always a good idea to hire a family law lawyer before responding to or pursing a restraining order in a domestic violence situation. There are many complexities and many types of restraining orders that may apply. With experienced legal counsel by your side, the process will be much less stressful in an already emotional and disturbing situation for you and your family.

Our San Diego domestic violence attorneys have the tools and knowledge to address any domestic violence restraining order circumstance. We have extensive experience in seeking and defending temporary and permanent restraining orders and regularly assist members of the military in domestic violence/temporary restraining order situations.

Obtaining a Temporary Restraining Order (“TRO”). When domestic violence is alleged, a TRO may be warranted when there is abuse, and the parties are in an intimate or close familial relationship. A domestic violence restraining order protects people from these types of abuses. The judge may order the alleged abuser not to contact the one seeking protection, not to have a gun or to move out of the family home among other things.

A temporary restraining order is different from a permanent restraining order in that it may be obtained by the person needing protection and signed off by a judge without notice to the accused. A hearing is set shortly after issuance so they accused may defend against the order. We will assist you every step of the way to make sure no further abuses occur and that you and your family are fully protected.

Defending a Temporary Restraining Order. Once you have been served with a TRO, you need immediate representation to defend against it. It is quite common for a TRO to be based on false information or misused. It is vital to challenge it to prevent its issuance if warranted.

The consequences of a TRO can be life-altering. One of the terms a judge can order is for the abuser to have “No Contact” with the abused. This can also extend to the mutual children the parties have together. If the order becomes permanent it can lead to it being entered into CLETS (“California Law Enforcement Telecommunications System”) where every law enforcement officer has access in every state to enforce it.

Civil Restraining Order. There is a strict procedural process to obtain a permanent restraining order. It is important to follow each step carefully to ensure proper representation of your rights in such emotional circumstances.
After issuance of the TRO, a hearing is set where both sides tell their stories. The judge will then make his or her decision based upon whether the party asking for protection has demonstrated by clear and convincing evidence that there is a threat warranting protection. Only with the right experienced family law attorney by your side, that understands the individual circumstances of your situation, will the best possible outcome result.

Restraining Order and the Military. Our family law attorneys are dedicated to assisting military personnel in serious times, which may come on the domestic front. Domestic abuse is common in the military, especially when our military men and women come home from a high conflict position.

Being served with a TRO can have devastating effects on a military person’s career, especially if prohibited from possessing a firearm and/or ammunition. We have many years of experience in handling civilian temporary restraining orders for military men and women and will act quickly and aggressively to protect you, your family and your livelihood.

For more information or to schedule an appointment, click below or call us at (619) 289-7948. We look forward to helping you.

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