Domestic Violence & Restraining Orders
Domestic Violence Attorneys & Restraining Order Experts in San Diego
Domestic Violence & Restraining Orders in San Diego
Cases involving domestic violence are extremely emotional and difficult to navigate. Some 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
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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 dividing property. Under California law, if there is a history of domestic violence between the spouses, the court may order that the abusive spouse pay spousal support to the victim. This is known as “family support,” and it can be ordered in addition to child support.
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 parter to threats and coersion as a pattern of control. 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 party, 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, a victim of domestic violence can request a restraining order by filing a petition with the court. The court will then schedule a hearing where the victim and the abuser can present their evidence and arguments. 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 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 you are no longer in danger from the person the order was issued against. If the court believes that you are still in danger, the order may be extended or modified to better protect you.
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 Consultation with One of Our Domestic Violence & Restraining Order Legal Experts
At Fair Cadora we offer a free case evaluation 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 consultation.
