Restraining Orders

PRACTICE AREAS

RESTRAINING ORDER LAWYER SAN DIEGO

A restraining order is a court order issued to prevent the recurrence of acts of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
  • Intentionally or recklessly causing or attempting to cause bodily injury.
  • Sexual assault.
  • Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  • Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party.

DOMESTIC VIOLENCE RESTRAINING ORDERS

To obtain Domestic Violence Restraining Orders you MUST have, or have had, a close personal relationship with the party you are asking to have restrained. Under the law, a relationship is defined as “close” if at least one of the following is true:
  • You are married or were formerly married to the other party.
  • You have or formerly had an engagement or dating relationship with the other party.
  • You and the other party have a child or children together.
  • You are related to the other party by blood, marriage or adoption, e.g., (mother, father, in-laws, siblings, adult children).
  • You and the other party are living together, or formerly lived together, as members of a “household.”
The act(s) of abuse/violence must be recent, within 30 days.

The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay away from the victim’s home/work and/or children’s school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders.

Child Protective Services (CPS) may become involved in the event that an allegation of Child Abuse is reported against a minor.

Click HERE to read an article I wrote on “Making a TRO Permanent”

For a free initial consultation call 619-624-3333.

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