San Diego Family Law Protective Order Lawyers
Every couple has ups and downs. It becomes necessary, however, to protect yourself from your partner when they become verbally or physically abusive. Restraining orders can be granted even where no physical abuse has occurred. 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. That is why our San Diego family law lawyers at Huguenor Mattis, A.P.C. can 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. In addition, we also provide legal aid for individuals falsely accused of domestic violence who are at risk of losing the right to lawfully live in their home and see their children. Call us today at (858) 458-9500 for a free consultation to discuss your case.
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.
In the state of California, there are several protective orders that a victim can file for to protect themselves and their children from domestic violence, including:
Emergency Protective Order: These orders are valid for five days and are often filed by police officers after responding to a report of domestic battery. If the officer feels the victim is in danger of imminent violence, he or she may issue the emergency protective order and require the accused to leave the residence.
Temporary Restraining Order (TRO): If you file in court for a domestic violence protective order, the judge may grant you a TRO that can last between 20 to 25 days, during which the court will schedule a domestic violence hearing.
Permanent Restraining Order: After the domestic violence hearing, the court may side with the victim and grant a permanent restraining order that bars the accused from coming in contact with, harassing, or committing violence against the victim. These orders can last up to five years with the option for an extension.
California courts take domestic violence accusations very seriously and have outlined clear procedures when someone comes forward with an accusation. They also understand how difficult it is to come forward with a report of domestic violence and to file for a TRO, which is why many courts process these orders 24/7.
Once a victim has received a TRO, the court will schedule a hearing to review both sides of the story. The victim will have to explain the relationship with the accused, how the abuse occurred, when it occurred, and provide any evidence to support his or her case. In turn, the adverse party is allowed to defend themselves and may employ an attorney to aid them. The victim should do so as well to ensure he or she has a strong case to receive a permanent restraining order.
It is important to take action right away if you fear for your safety, especially if you are in the midst of a custody battle or divorce. Our San Diego family law attorney will immediately file an application for a TRO, so you are protected. The initial TRO is typically valid for 20 to 25 days 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 also have to physically stay a certain distance away from you.
Huguenor Mattis, A.P.C., 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 at (858) 458-9500.
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. Being found guilty of domestic violence may cause you to:
- Lose custody or visitation rights of your children
- Lose your right to bear arms
- Jail time
- Being forced to leave the family home
- Being restricted in where you can go for up to five years
California family law courts may also take into account a TRO or permanent restraining order during a divorce case and the distribution of spousal support. If you are charged with domestic violence or are subject to a restraining order during or after your divorce proceedings, you may also be barred from receiving spousal support. In addition, your divorce will typically be more difficult and costly, as you will have to abide by the restraining order and will not be allowed to directly contact the other party. That is why you should contact an attorney immediately to discuss the evidence against you and begin building a defense to ensure these accusations do not result in lasting damages in your future.
The legal team at Huguenor Mattis, A.P.C. understands both sides to a domestic violence case and can provide sound legal advice to those who have been falsely accused of domestic violence, including during a contentious divorce. Going into these cases can be damaging to your relationships with your child, other family members, and reputation. It is important to secure legal representation as early as possible to ensure your rights are protected and you receive a thorough defense against accusations. Our office has extensive experience in handling false domestic violence claims, and we can represent you from the moment you receive notice of a TRO. Contact our San Diego family law protective order attorneys at (858) 458-9500 today for a free consultation.
- Does A Domestic Violence Victim Have to Testify In San Diego?
- Domestic Violence/Intimate Partner Violence
- National Domestic Violence Hotline