San Diego Domestic Violence Lawyers

Civil Restraining Orders for All Other Situations

A civil restraining order is quite similar to a domestic violence restraining order but it can be filed against anyone not closely related to the petitioner. It is also sometimes called a civil harassment restraining order, as such cases often do not involve direct abuse but rather persistent, malicious harassment that leaves the victim feeling frightened or incredibly annoyed.

Police are more likely to issue a civil restraining order if there has been a “credible threat of violence” made by the person targeted by the order. Be sure to collect ample evidence, such as voice recordings or electronic communications, if you wish to file for a civil restraining order.

What Does a Restraining Order Do?

Whether you file for a domestic violence or a civil restraining order, the restrictions created will be similar, if not identical. A restraining order – or order of protection – will typically demand the restrained individual from making any contact attempts with the petitioner, as well as steering clear from their place of work and residence, especially when it is known the petitioner will be there.

Most restraining orders in California also remove the restrained party’s right to gun ownership, which can only be reinstated when the restraining order is removed.

The duration of a restraining order will vary depending on the situation and circumstances. Emergency restraining orders issued by law enforcement last for no more than five (5) days. Generally, this is meant to allow people time to file for a longer order through the court.

A court may issue a temporary restraining order which will last for approximately two weeks if the facts warrant one. There will be a hearing to discuss making the order permanent, even if a temporary order does not get granted. The length of the permanent order will also vary based upon the facts and circumstances of each case.

Wondering what restraining order is right for you? Dial (619) 577-4900 to talk to our San Diego restraining order attorneys now.

Defense Against False Allegations & Orders

Not every petition for a restraining order is based on valid or truthful information. Some people know that a person’s reputation, social life, child custody, or spousal support situation may be harmed by mere filing of the restraining order. This may lead dishonest individuals to create false allegations out of spite or vengeance.

If you are targeted by an untruthful accusation of domestic violence or civil harassment, you have to start creating a paper trail of evidence to protect yourself. Your own clean criminal record, the medical history of the accuser that does not show signs of abuse, testimonies from neighbors or other roommates, and so forth can all help defend your good name.

Honest Attorneys Providing Compassionate, Effective Legal Counsel

Our team of San Diego domestic violence lawyers and researchers are known for their kindheartedness and compassion for our clients that is balanced with relentlessness in the courtroom and when dealing with the opposition. We never back down from a challenge when our client's well-being is at stake.

We want to make sure you are aware of every possible option for your restraining order case, giving you the power to make a confident and informed decision for yourself and your family. In the end, we want you to feel safe and respected.

Call (619) 577-4900 today to schedule a free consultation with a restraining order attorney.