San Diego Family Law Protective Order Lawyers
Order of Protection
Every couple has ups and downs. It becomes necessary, however, to protect yourself from your partner when fights turn physical. California takes accusations of domestic violence very seriously and our Courts will immediately issue an order to protect any person who fears for their safety. Domestic violence issues impact family law along with criminal proceedings. San Diego family law lawyer Thomas M. Huguenor will help you obtain a Temporary Restraining Order (TRO) while assisting you with divorce proceedings, child custody issues, or other family law matters impacted by violence. Call us today for a free consultation.
Helping Residents Protect Their Safety With A Domestic Violence Restraining Order
Domestic violence is a broad term that refers to domestic battery or abuse of a spouse, cohabitant, or partner. Domestic violence is, unfortunately, not uncommon in family law cases. It is not unusual for one spouse to put off filing for a divorce or sole custody of the children out of fear that their partner may harm them or the children if they take legal action. It is often necessary to gain a restraining order at the beginning of a contested divorce in order to avoid any violent encounters until the divorce and child custody process is finalized.
It is important to take action right away if you fear for your safety. Our San Diego restraining order attorney will immediately file an application for a TRO so you are protected. The initial TRO is typically valid for 2-3 weeks before a hearing occurs. At the hearing the Judge will decide if the restraining order should be made permanent. While the TRO is in place, the adverse party will not be able to contact you by phone, email, and will not be able to reside in the marital home. The adverse party will have to physically stay a certain distance away from you.
Tom will assist you in gathering the clear evidence needed to prove a permanent restraining order is necessary. During the hearing we will aggressively argue for your wishes and help protect the safety of you and your children. If you are a San Diego resident and your safety is in danger, do not hesitate to contact a family lawyer immediately.
Defending Those Falsely Accused Of Domestic Violence in San Diego
Family law cases are extremely contentious. It is not uncommon for one spouse to accuse the other partner of domestic violence in an attempt to improve their child custody case. Not only are these false accusations detrimental to your child, but they can cause significant repercussions in the accused person’s life. If you are found guilty of domestic violence then you may lose custody or visitation rights of your children, your right to bear arms, you may face jail time, you may be forced to leave the family home, and you may be restricted in where you can go for up to three years. If you have been falsely accused of domestic violence, or someone has taken a domestic violence restraining order out against you, both your freedom and your relationship with your children is at stake. Our office has extensive experience in handling false domestic violence claims. Contact our San Diego family law protective order attorneys at (858) 458-9500 today for a free consultation.
- Domestic Violence Issues and Family Law FAQs
- Does A Domestic Violence Victim Have to Testify In San Diego?