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:
- Domestic Violence Restraining Orders
- Civil Harassment Restraining Orders
- Restraining Order Defense
- Custody/Visitation issues related to restraining orders
- Spousal Support issues related to restraining orders
- Asset Division issues related to restraining orders
The National Domestic Violence Hotline is available 24/7 in English & Spanish:
Call 800-799-7233
Text START to 88788
Visit thehotline.org
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:
- Current spouse
- Former spouse
- Someone you currently or previously dated
- Someone you currently or previously lived with
- Someone you had a child with
- Your child
- Someone related by blood or marriage
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:
- Prohibiting the abuser from contacting the victim in any way, including in person, by phone, text, email or social media.
- Ordering the abuser to stay a certain distance away from the victim, the victim’s home, workplace or children’s school.
- Granting temporary custody of minor children to the victim and ordering the abuser to stay away from them.
- Ordering the abuser to move out of the victim’s home, even if the home is owned or leased by the abuser.
- Prohibiting the abuser from possessing firearms or ammunition.
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:
- Contact the court: You can contact the court where the restraining order was issued and ask them for the necessary paperwork to file a request to dismiss the order. You may also be able to download the necessary forms from the court’s website.
- Fill out the forms: The forms will ask you to provide your personal information, the reason why you want to dismiss the order, and any supporting evidence or documentation that may be relevant.
- File the forms with the court: After filling out the forms, you will need to file them with the court clerk. You may also need to pay a fee for the filing.
- Attend the court hearing: Once you have filed the forms, the court will schedule a hearing to review your request. You will need to attend this hearing and explain to the judge why you want the restraining order dismissed.
- Provide evidence: If you have any evidence or documentation that supports your request to dismiss the order, such as statements from witnesses or proof that the circumstances have changed since the order was issued, you should present this evidence to the court.
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.
