Domestic Violence Attorneys & Restraining Order Experts in San Diego

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Domestic Violence & Restraining Orders in San Diego

Cases involving domestic violence are extremely emotional and difficult to navigate.

In cases involving true domestic violence, the abuse victim needs legal protection.

Unfortunately, in some cases, people use restraining orders to gain leverage in a domestic dispute and an aggressive defense is needed to protect the innocent party from the ramifications of a permanent restraining order.

Our lawyers provide aggressive representation in the following areas:

The National Domestic Violence Hotline is available 24/7 in English & Spanish:

Call 800-799-7233
Text START to 88788

Domestic Violence Divorce Laws in California

California is a no-fault divorce state, which means that neither spouse needs to prove fault or wrongdoing in order to obtain a divorce. Domestic violence, however, can be taken into account in divorce proceedings. A victim of domestic violence may request that the court make certain orders in their divorce case, such as granting a restraining order, awarding custody of children, and even sometimes dividing property in a different manner due to the abuse.

Defining Domestic Violence in California

Domestic violence can impact anyone, regardless of their sex, age, race, etc. Domestic violence ranges from physical abuse of a partner to threats, harassment, exercising coercive control, and other problematic conduct. The California Family Code defines the following parties as protected parties under California’s domestic violence statutes:

Under California’s domestic violence laws, if you have been accused of abusing one or more protected parties, you may be charged with domestic violence.

Domestic Violence Restraining Orders

Domestic violence restraining orders, also known as protective orders, are court orders designed to protect victims of domestic violence from abuse or threats of abuse by their abuser. A domestic violence restraining order can provide several types of protections, such as:

In California, there is a multi-step process to get a domestic violence temporary restraining order. The first step is filing a request for it, which the judge then reviews without a hearing and either grants or denies it, and then sets a hearing on a request for a longer-term restraining order within 21 days. From there, the restrained party is then served with the restraining order, can file a response to the request or the restraining order, and then appear and contest the issuance of a longer term restraining order at the hearing. That hearing often turns into an evidentiary hearing because much of the allegations that commonly serve as the basis for a restraining order are sometimes interactions to which there are no witnesses or independent corroborating evidence, so the judge hears testimony from both parties, reviews any other documents/exhibits that exist and are relevant, and then determines whether to issue a longer-term restraining order. The burden of proof to get the initial temporary order is lower than the burden of proof to get the longer-term one. Also, when there are minor children involved, there is typically an exception to the restraining order that allows for brief and peaceful contact for court-ordered parenting time. If the court grants the restraining order, it can be effective for up to five years and can be renewed if necessary.

Domestic violence restraining orders are an important tool for protecting victims of domestic violence and preventing future abuse. If you or someone you know is a victim of domestic violence, it is important to seek help and support from local law enforcement, domestic violence advocacy groups, and the legal experts who can guide you through the process of obtaining a restraining order.

Modifying A Domestic Violence Restraining Order in San Diego

The protected party or the restrained party can ask to modify or terminate the restraining orders issued in the Restraining Order After Hearing before the orders expire. If you have a domestic violence restraining order in California and you want to have it dropped or dismissed, you can take the following steps:

It is important to note that the court will only dismiss a restraining order if it believes that the protected party is longer in danger from the person the order was issued against. If the court believes the protected party is still in danger, the order may be extended or modified to better protect the protected party.

Working With An Attorney For Your Domestic Violence & Restraining Order Legal Issues

If you are suffering from domestic abuse or if you have been served with a temporary restraining order, contact Fair Cadora before it’s too late. The qualified attorney team at Fair Cadora will stand by your side in your time of need and fight to protect your interests.

Schedule a Strategy Session with One of Our Domestic Violence & Restraining Order Legal Experts

At Fair Cadora we offer a strategy session for potential new clients to help take some of the pressure off the legal process. We like for our potential new clients to get to know us and get a feel for our practice, so they can feel confident with our representation. If you’re facing a domestic violence or restraining order issue and not sure where to start, contact one of our experienced San Diego domestic violence attorneys to schedule a strategy session.

Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

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Frequently Asked Questions

To get a domestic violence restraining order in California, you can visit your local courthouse, request the necessary forms, fill them out, and submit them to the court. You may also seek assistance from a domestic violence advocacy organization or consult with an attorney for guidance.

Domestic violence restraining orders can provide various protections, such as prohibiting the abuser from contacting you, coming near your residence or workplace, and even granting temporary custody of children. The specific terms depend on the circumstances and the court’s decision.

Typically, domestic violence restraining orders in California are issued for a maximum of five years. The length depends on the severity of the situation and the evidence presented. It can be renewed if necessary.

Yes, you can request modifications to the terms of a restraining order or ask for its dismissal. To do so, you’ll need to file the appropriate forms with the court and provide a valid reason for the requested changes. The court will then review your request.

If the abuser violates the restraining order, you should contact law enforcement immediately. They can take appropriate action to enforce the order and ensure your safety. Document any violations, as this information may be crucial in future legal proceedings.