Domestic Violence Law Restraining Orders

Domestic Violence Law Restraining Ordersfotex2024-04-02T12:05:19-07:00

Dependable Domestic Violence & Restraining Order Attorneys in San Diego

If you are in a situation that involves domestic violence and you are seeking a restraining order or defending yourself against a restraining order, our attorneys at JWB Family Law will help you navigate the complex legal challenges involved. Courts may issue temporary or permanent restraining orders to prevent acts of domestic violence and abuse based on proof of a past act or multiple past acts of abuse. Reach out to our dedicated team in San Diego today to assist you in this sensitive situation.

We’ll assist you with swift initial filing and response

If you are a survivor of domestic violence seeking protection, we are here to help you through the legal process. Our attorneys will work with you to ensure that your restraining order request is properly supported by evidence, and we will represent you in court if necessary. We understand the gravity of protecting your family from harm, and we will do everything we can to provide a highly detailed and well-developed request to the court.

If domestic violence is alleged against you, our domestic violence lawyers are here to advocate for you in defending against a restraining order in a timely and professional manner. We will evaluate any allegations and work with you to draft a well-supported response. Our attorneys are here to protect your rights and advocate for the best outcome on your behalf.

Our domestic violence attorneys will represent you in your evidentiary hearing

If you are seeking a domestic violence restraining order, the court may or may not issue a temporary restraining order based on your initial paperwork submitted to the court. The court will then set a hearing to determine whether a permanent restraining order will be issued. At the hearing, our attorneys will provide evidence of your claims and, if necessary, prepare witnesses to testify on your behalf.

If you are defending yourself against a domestic violence restraining order, our attorneys will help you gather and present evidence in your favor and advocate to protect your legal rights. Our knowledgeable restraining order lawyers in San Diego will guide you through the legal process and strive to lessen the stress placed on you during this emotional time.

Do you need efficient representation in your domestic violence case? Call us today for a free consultation.
Call us today at 619.234.6123.

Frequently Asked Questions

Can a restraining order be canceled?fotex2023-10-25T22:41:16-07:00

Domestic violence restraining orders issued after a hearing can typically last anywhere from six months to five years. However, a domestic violence restraining order can be modified or terminated when both sides agree, or the court grants a request to terminate or modify the order. The burden of proving that a protective order should be modified or terminated is high. When deciding whether to modify or terminate a restraining order, the court will consider any change in circumstances, any further abuse that has occurred, whether there is reasonable apprehension of future abuse, and more.

Therefore, hiring an experienced restraining order attorney who is familiar with the level of evidence required to modify or dismiss a restraining order will be extremely helpful.

What is a Domestic Violence Restraining Order?fotex2023-10-25T22:39:38-07:00

Domestic Violence Restraining Orders (DVROs) are civil orders that provide protection from imminent danger of abuse, harassment, or stalking by a family or household member. A DVRO may be obtained while a dissolution is pending or before any proceeding has begun.

A DVRO can:

  • Order the abuser to stay away from you, your children, other relatives, and pets
  • Prohibit the abuser from contacting you by telephone, mail, or other means
  • Order the abuser to move out of your shared residence
  • Grant you temporary custody of your children
  • Prohibit the abuser from being near your workplace or your child’s school
  • Prohibit the abuser from owning or possessing a firearm

Our trusted domestic violence lawyers will provide the support and guidance you need to keep yourself and your family safe.

What are the types of domestic violence offenses in California?fotex2023-10-25T22:38:48-07:00

Domestic violence refers to a wide range of behaviors. It can be difficult to determine whether certain behaviors or threatening words are sufficient to establish enough evidence for a restraining order to be issued. Sometimes, although rude and obnoxious behavior may cause anguish and fear, the behavior may not be sufficient for a court to grant a domestic violence restraining order. We are here to help you distinguish what behavior or threats constitute domestic violence.

If you believe you have been a victim of domestic violence, or are afraid that you may be, contact our dedicated domestic violence attorneys in San Diego for assistance. We offer free initial consultations with our experienced attorneys who are sensitive to your emotions and focused on your legal needs.

What are the main types of restraining orders?fotex2023-10-25T22:38:00-07:00

Protective orders are designed to protect victims of domestic violence from further harm. Protective orders can be issued on an emergency, temporary or permanent basis.

  •  Emergency protective orders can be issued in cases of imminent domestic violence, child endangerment, child abduction, stalking or elder or dependent adult abuse. The process of obtaining emergency protective orders is subject to special rules and may only be issued at the request of a law enforcement officer.
  •   A temporary restraining order issued by a court may require the alleged offender to stay away from the alleged victim and other requested persons for a short period of time. You must present sufficient evidence for a temporary restraining order to be granted. The court will then hold a hearing at a later date to determine whether a permanent restraining order should be issued.
  •   Permanent restraining orders are issued after a hearing in which both the victim and the alleged offender have had the opportunity to present evidence and witnesses. After hearing all the evidence, the court will determine whether a permanent restraining order is warranted and for how long the restraining order should remain in place, typically up to 5 years.

If you are considering filing a request for a restraining order, our knowledgeable lawyers can help you through the process and ensure that your request is well-supported. If you are defending against a restraining order, our attorneys will help you present the best evidence in your defense. No matter your situation, we will help you understand the different types of restraining orders and assist you in navigating your unique circumstances.

Who are the go-to domestic violence and restraining order lawyers in San Diego?fotex2023-10-25T22:36:36-07:00

If you are in an abusive relationship, you may feel scared and alone. JWB Family Law can provide the legal assistance you need to get out of your situation and move forward in your life. If you have been accused of domestic violence and have been served with a restraining order, you may feel attacked and nervous about the consequences. Our experts will help you understand the legal processes of a restraining order and will offer guidance tailored to your situation.

If needed, you can count on us to provide valuable legal advice pertaining to paternity, offer expert counsel in cases of child support, and ensure you get a fair settlement in your asset and property division case. We’re also here for you if you need assistance with your domestic violence case in Temecula or if you’re looking for help with a restraining order in El Centro.

Reach out to our family law firm whether you’re near Imperial Valley or anywhere in San Diego County. We are here to help you during what we know can be a stressful and challenging time.

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