San Diego Attorneys to Protect You with a Domestic Violence Restraining Order
Obtaining a restraining order is not a simple matter. If you are being abused, are fearful or are being controlled by a partner or someone you are close to, it is important to seek legal protection with a restraining order. Our committed and compassionate lawyers will zealously represent you with careful attention to your every sensitive detail. We will effectively obtain a domestic violence restraining order that will protect you against abuse, and if the abuse is such that it requires emergency protection, we will aggressively pursue a temporary restraining order.
Domestic Violence Restraining Order (“DVRO”)
To obtain a DVRO, there must be a domestic relationship between you and the person to be restrained. A domestic relationship includes parties that:
- Are currently married or were previously married.
- Are currently or previously dated; parties that are currently engaged or previously engaged.
- Are currently or previously lived together intimately (a civil harassment restraining order is the proper remedy if they are merely roommates)
- Have children in common
- Are related by blood in the second degree, such as a parent, sibling or grandparent
- Are related by marriage, such as a mother or brother-in-law.
There must also be physical violence (generally within the past 30 days) or a threat of imminent physical violence to obtain a DVRO. Domestic violence does not have to be physical. It can also be emotional, verbal or psychological. Types of abuse include:
- Intentionally or physically hurting or trying to hurt someone. Some examples include hitting, striking, battering, kicking, pushing, shoving, hair pulling. Abuse of a family pet can qualify.
- Sexual assault or molestation.
- Promises to cause harm to another.
- Harassment or stalking; disturbing someone’s peace.
- Destruction of personal property.
- Keeping a person from going somewhere.
- Making you or a person in your household afraid of bodily harm.
- Attempting to assault or threaten bodily injury to you or a person in your household.
- If there is a significant history of stalking a temporary restraining order may also be issued.
If you are not in a domestic relationship with the offending party, make sure to consider a civil harassment restraining order as the appropriate remedy.
Types of Relief Offered by a Domestic Violence Restraining Order
A court can order that an offending party:
- Not have any contact or go near you, your work, your children or children’s schools, other relatives or others living with you
- Not have contact with your residence or vehicle
- Not possess ammunition or a gun
- Be removed from the house, even if you do not own it.
- Comply with child custody and visitation orders
- Pay child and/or spousal support
- Comply with property orders
- Attend treatment or counseling programs
- Pay back money for lost wages or other expenses due to the abuse; pay certain bills
- Pay attorney’s fees if you are unable to pay and if the offending party earns more.
- Stay away from pets
“Temporary” Domestic Violence Restraining Order
A restraining order may be obtained at a full hearing. A“temporary” restraining order (“TRO”) is a form of immediate, emergency relief given by the court to keep the parties separate to prevent “irreparable harm” until a full hearing is held. It usually last between 20 and 25 days.
For example, if there is severe physical abuse occurring, a party at an emergency hearing can obtain a TRO that will keep the offending party from acting abusively until a court can schedule a full hearing. The full hearing will determine if the TRO will become a permanent restraining order by carefully considering all the facts of the case.
Minella Law Group will Help You Obtain a Restraining Order
It is important to have legal representation by a qualified San Diego Family Law Attorney to carefully guide you through your options and protect you from harm. We have many years of experience in obtaining restraining orders for every type of protection needed.
For more information or to schedule an appointment call us at (619) 289-7948. We look forward to helping you.