San Diego Attorneys to Protect You with a Domestic Violence Restraining Order
Obtaining a restraining order is not a simple matter. If you are being abused, are fearful or are being controlled by a partner or someone you are close to, it is important to seek legal protection with a restraining order.
Our committed and compassionate lawyers will zealously represent you with careful attention to your every sensitive detail. We will effectively obtain a domestic violence restraining order that will protect you against abuse, and if the abuse is such that it requires emergency protection, we will aggressively pursue a temporary restraining order.
Domestic Violence Restraining Order (“DVRO”)
To obtain a DVRO, there must be a domestic relationship between you and the person to be restrained. A domestic relationship includes parties that:
- Are currently married or were previously married.
- Are currently or previously dated; parties that are currently engaged or previously engaged.
- Are currently or previously lived together intimately (a civil harassment restraining order is the proper remedy if they are merely roommates)
- Have children in common
- Are related by blood in the second degree, such as a parent, sibling or grandparent
- Are related by marriage, such as a mother or brother-in-law.
There must also be physical violence (generally within the past 30 days) or a threat of imminent physical violence to obtain a DVRO. Domestic violence does not have to be physical. It can also be emotional, verbal or psychological. Types of abuse include:
- Intentionally or physically hurting or trying to hurt someone. Some examples include hitting, striking, battering, kicking, pushing, shoving, hair pulling. Abuse of a family pet can qualify.
- Sexual assault or molestation.
- Promises to cause harm to another.
- Harassment or stalking; disturbing someone’s peace.
- Destruction of personal property.
- Keeping a person from going somewhere.
- Making you or a person in your household afraid of bodily harm.
- Attempting to assault or threaten bodily injury to you or a person in your household.
- If there is a significant history of stalking a temporary restraining order may also be issued.
If you are not in a domestic relationship with the offending party, make sure to consider a civil harassment restraining order as the appropriate remedy.
Types of Relief Offered by a Domestic Violence Restraining Order
A court can order that an offending party:
- Not have any contact or go near you, your work, your children or children’s schools, other relatives or others living with you
- Not have contact with your residence or vehicle
- Not possess ammunition or a gun
- Be removed from the house, even if you do not own it.
- Comply with child custody and visitation orders
- Pay child and/or spousal support
- Comply with property orders
- Attend treatment or counseling programs
- Pay back money for lost wages or other expenses due to the abuse; pay certain bills
- Pay attorney’s fees if you are unable to pay and if the offending party earns more.
- Stay away from pets
“Temporary” Domestic Violence Restraining Order
A restraining order may be obtained at a full hearing. A“temporary” restraining order (“TRO”) is a form of immediate, emergency relief given by the court to keep the parties separate to prevent “irreparable harm” until a full hearing is held. It usually last between 20 and 25 days.
For example, if there is severe physical abuse occurring, a party at an emergency hearing can obtain a TRO that will keep the offending party from acting abusively until a court can schedule a full hearing. The full hearing will determine if the TRO will become a permanent restraining order by carefully considering all the facts of the case.
