San Diego Family Law Attorneys – (619) 577-4900
When an argument gets out of hand or emotions become too charged, someone could understandably become fearful for their personal safety, or the safety of their children and loved ones. Other times, a misunderstanding or exaggeration of a confrontation leads to false allegations of domestic violence. In either scenario, the legal system may become involved, as one party seeks out a restraining order against the other.
At Law & Mediation Firm of Klueck & Hoppes, APC, we can represent either plaintiffs or defendants in both domestic violence and civil harassment restraining order proceedings. Using decades of legal experience, we serve as strong advocates and guides through the complex legal system.
Several of our attorneys, including our founding attorney, Garrison Klueck, is a Board-Certified Family Law Specialist by the State of California, Board of Legal Specialization, allowing him to understand the complexities of the law and the best way protect a client's interests from start to finish.
(Remember: If you believe you are in immediate physical danger from an abuser, please call 911 as soon as it is safe to do so. Never do anything that jeopardizes your own health and wellbeing.)
Domestic Violence Restraining Orders
A domestic violence restraining order is a legal method of protecting people from abuse or harassment carried out by a family member, close relative, spouse or partner, or anyone who shares residence with the petitioner.
- General harassment
- Kicking and hitting
- Repeated verbal abuse
- Theft or property destruction
- Any other violent action
The law requires a close relationship or a biological relationship between the person seeking the restraining order in family court and the alleged abuser but it does not require that relationship to be current.
You can file a domestic restraining order against anyone who does or had met the relationship prerequisite. For example, you can file one against your ex-spouse after divorce, even if they move-away as part of the divorce agreement.
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.
- Roommates you do not know well
- Unfamiliar relatives, such as a cousin
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 family 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 wellbeing is at stake.
- 10.0 “Superb” Avvo rating
- Selection to Super Lawyers® 2007-2011
- Inclusion in Best of the Bar in San Diego Business Journal
- Best Overall Law Firm in San Diego as voted by residents
- Board-Certified Family Law Specialists by California Board of Legal Specialization
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 one-hour consultation.