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Domestic Violence Lawyers in San Diego

Helping Domestic Violence Survivors Obtain Restraining Orders

Most people find fulfillment in personal relationships. Whether this be marriage, a domestic partnership, a close bond with family members, or even friendly workplace relationships, we seek connection with other people. For many, our personal relationships are sources of safety, comfort, and support in times of difficulty.

Sometimes, though, the nature of our personal relationships can change. A formerly trusted family member can suddenly become violent. Trusted partners can commit acts of unexpected physical abuse, emotional abuse, financial abuse, or sexual assault. Coworkers can become abusive and threatening. Some people may even find themselves the target of harassment from people with whom they only share a casual relationship such as next door neighbors. In the event your personal relationship becomes abusive, it may be time to leave your partner or home situation. Depending on the circumstances you may even need to get your employer or a representative of your company involved.

Sometimes, your family member, former partner, coworker, neighbor, or other individual may not wish to cease contact with you. They may not respect your wishes or personal boundaries. They may become possessive of you and/or any children involved. They may also feel you have somehow wronged or harmed them or caused them to suffer some sort of personal, professional, or relationship setback. This could result in further violence, stalking, or worse. It may even result in irreparable harm.

In the event a household member, former partner, coworker or other individual continues to behave abusively towards you after you have left the home or relationship, you may need to obtain a restraining order. This will provide you with legal support and the backing of the criminal justice system to protect yourself and your loved ones from future acts of abuse, stalking, and harassment.

What is a Restraining Order in San Diego?

A restraining order is a legal order from the court instructing a person to refrain from contacting, engaging, or approaching one or more other people. In California, it is also broadly known as a civil harassment restraining order. It can be a valuable tool for individuals facing domestic violence cases, violence involving a household member, and in some cases even workplace violence. In some instances could even save a person’s life. A restraining order is meant to protect individuals from incidents of:

  • Domestic Violence
  • Domestic Abuse, Including Verbal and Emotional Abuse
  • Sexual Assault
  • Stalking
  • Workplace Abuse
  • Elder Abuse
  • Harassment
  • Unwanted Contact

A restraining order can be obtained from the court by filing paperwork and appearing before a judge. In San Diego, anyone who is protected by a restraining order is referred to as a protected party. Under California Law, you do not need a lawyer to obtain a restraining order. However, if you are a person seeking protection from an abusive partner or family member, hiring a restraining order attorney can make the process easier and help ensure you receive the protection you deserve.

What Kinds of Civil Harassment Restraining Order are Available to Me in San Diego?

Under California law, there are multiple types of restraining orders available to you depending on the type of abuse you and/or your loved one(s) are experiencing. The type of restraining order you seek may also vary depending on who is responsible for the abuse. Regardless of the type of restraining order you seek, if you obtain one, it will either be a temporary restraining order or a permanent restraining order.

The types of restraining orders available in California are:

Civil Harassment Restraining Order

This is the broadest type of restraining order. This can be filed against anyone who is stalking, harassing, physically or verbally abusing you, or causing you any type of distress. It can be filed against a friend, neighbor, casual acquaintance, or a stranger with whom you have no prior relationship. This can include strangers who have identified you via social media or the internet and begun stalking and/or harassing you.

Domestic Violence Restraining Order

This is a specific type of restraining order filed against a member of your household. This can be a current or former spouse, the parent of a child you have together, sibling, parent, or even adult child. A domestic violence restraining order can include both yourself and other members of your household such as minor children and/or dependent family members. This can include elderly and/or disabled family members who are vulnerable to abuse.

Elder/Dependent Adult Abuse Restraining Order

This is another type of specific restraining order that applies specifically to people 65 and older and/or those with developmental or physical disabilities. It is a restraining order meant to individuals who are physically and/or financially dependent on others from being abused by their caretakers.

Gun Violence Restraining Order

This is a type of restraining order which prevents an individual who may pose a threat to themselves or others from purchasing, obtaining, or possessing a firearm. This restraining order can be filed by a family member, coworker, employer, employee, or law enforcement officer. It is meant to reduce and/or eliminate the possibility of an individual committing an act of gun violence against themselves or another person.

Workplace Violence Restraining Order

This is a type of restraining order specifically filed by an employer against an employee or multiple employees. It may be filed to protect the individual themself or on behalf of an employee or employees who have been threatened in the workplace. This type of restraining order is usually filed in response to either an incident of workplace violence, or a pattern of repeated harassment, abuse, or threats that occur in the workplace.

How Are Restraining Orders Applied in San Diego?

Once the type of restraining order has been determined, there are two methods the court uses to apply them. These are Temporary Restraining Orders and Permanent Restraining Orders. These can be taken out against a current or former spouse, current or former romantic partner, household member, and in some instances even another employee in a workplace. If you are seeking a restraining order, you will file papers with the court requesting protection. The person against whom you have filed will then be served with a notice they have had a request for a restraining order filed against them. Within a certain period of time, usually a few weeks, you and the other party will go to court. There, each of you will be able to present your case.

Temporary Restraining Orders

A temporary restraining order can be issued if the court determines you or a family member may be in immediate danger. A temporary restraining order can also be thought of as an emergency restraining order. In San Diego, a temporary restraining order is usually good for a period of a few weeks. This restraining order will remain in effect until a full court hearing can be conducted. This court hearing will determine whether the temporary restraining order will become a permanent restraining order. Just because you request a restraining order does not mean you will necessarily receive one. A judge could determine it is an unjust restraining order. Unjust restraining orders are restraining orders arising from false accusations. Based on the evidence a judge may determine the evidence is not sufficient to support a restraining order.

Permanent Restraining Orders

A permanent restraining order is a longer-lasting type of order issued in the event the court determines there is real danger of violence or abuse facing the person requesting it. This order can be issued at the court hearing you will attend after requesting a restraining order. At the permanent restraining order hearing, both you and the person against whom you have filed will be able to present your cases. You will present evidence of alleged abuse. The other party will attempt to present evidence proving they are not a threat to you or others.

It is not required for you to have a domestic violence attorney or any other type of lawyer present with you at this hearing. However, it can be valuable for you in building and presenting your case. This is especially true if the other party has hired their own domestic violence attorney. If the judge determines the person against whom you are filing is a credible threat, the court can grand a permanent restraining order. This lasts up to five years. A permanent restraining order can be used to protect yourself and household members ahead of divorce proceedings, a change of jobs, a move, and other life changes meant to help remove the other party from your life.

How Do Civil Harassment Restraining Orders Work in San Diego?

Civil harassment restraining orders put into place a level of protection for those who receive them. They inform law enforcement officers that another person has engaged in behavior the court has deemed inappropriate. It also gives certain legal orders to the individual against whom it has been filed. These orders can include but are not limited to:

  • Staying a Certain Distance Away from a Protected Person
  • Not Harming or Attempting to Harm a Protected Person
  • Not Contacting or Attempting to Contact a Protected Person
  • Attending Regular Court-Ordered Therapy or Counseling
  • Paying Child Support
  • Not Damaging or Disposing of or Attempting to Damage/Dispose of You Personal Property

In the event the other person violates the restraining order by engaging in such conduct, you can inform law enforcement. Violating a restraining order in California is a criminal offense. If law enforcement determines the other person has violated the restraining order, they could face criminal penalties.

Penalty for a First Offense in San Diego

Under the California penal code, first time violation of a restraining order usually constitutes a misdemeanor. This is punishable by up to a year in jail, a fine of up to $1,000, and community service. You may also be awarded attorney’s fees if you were required to go to court.

Penalty for a First Offense With a Prior Conviction in San Diego

If the person against whom the domestic violence restraining order has been issued has prior criminal convictions, either for a prior domestic violence case or other criminal offense, the penalty for a first offense can become more severe. If the person has been convicted of a criminal offense involving violence or the threat of violence within the last seven years, a first time violation becomes a felony. This is punishable by up to three years in prison and/or a $10,000 fine.

Penalties for Subsequent Offenses in San Diego

After a first offense, any subsequent violations of a restraining order constitute felonies under California penal code. Felonies carry much more severe punishment than misdemeanors. For subsequent violations of domestic violence restraining orders, individuals face up to three years in prison and/or a $10,000 fine per offense.

Penalties for Violations Involving Violence in San Diego

If the person against whom the protective order has been issued violates it by either threatening violence or engaging in actual violence that results in bodily injury, the penalties become more severe. Anyone who violates a civil restraining order by either threatening violence or actually engaging in violence must automatically serve thirty days in jail. They may also face a fine of up to $2,000.

Do I Need a Restraining Order Attorney to File for a Civil Restraining Order in San Diego?

San Diego county foes not require you to have an attorney to file for a civil restraining order. The law recognizes not everyone can afford an attorney to represent them. Many times people who require restraining orders the most are financially vulnerable and may be afraid to hire an attorney. Because of this, the law permits you to file your own paperwork requesting a civil restraining order. However, an attorney can be a valuable asset in building your case. They will know what the court considers reasonable proof of harassment, stalking, or abuse. This will help build your case for a restraining order.

The person against whom you are filing an order may hire an attorney of their own. This attorney may be able to successfully argue to the court the restraining order is unnecessary. They may further argue there is not sufficient evidence to prove their client is a threat. They may further argue you are attempting to abuse the court system and that you are attempting to obtain a domestic violence restraining order to harm their client’s reputation. If this happens, the court may not grant you a restraining order. This could leave you and your loved ones vulnerable. This is why it is recommended you obtain the legal assistance of divorce attorneys, attorneys experienced in family law, and/or other legal counsel prior to seeking a civil protective order in San Diego County.

What Should I Do if I or a Loved One Needs a Restraining Order Attorney in San Diego County?

Removing yourself and/or your loved ones from a domestic violence situation can be a frightening experience. No one should have to face it alone. An experienced domestic violence attorney can help build a sufficient case for the court. They will know what evidence to present to best establish your case and protect you and your loved ones. If the person you are filing against has retained an attorney of their own, an experienced lawyer will be able to push back against their defense.

If you or a loved one have experienced domestic violence and need a civil protective order, don’t hesitate to contact the attorneys at Khosroabadi & Hill, APC, for a free consultation. We’re located at 3550 Camino Del Rio N #303, San Diego, CA 92108, one mile Northeast of the San Diego Community College District building and four miles West of Viejas Arena. We know how frightening it can be to experience domestic violence and how difficult it can be to remove yourself from a frightening situation. No one should have to face domestic abuse alone. This is especially true if children or elderly family members are involved. We believe everyone deserves an opportunity to start their lives over and live without fear. We hold abusive partners, exes, and family members accountable in court. We can help you build a case to ensure you and your loved ones are protected while you prepare to start a new, happier life.

You don’t have to live life in fear of family members or former partners. If you or a loved one are being targeted for harassment or abuse, call us immediately at 858-240-2093 or email us for a free consultation. We’ll take the fight to abusers for you. In some circumstances, we may even be able to ensure you’re awarded attorney’s fees to help compensate you for your time an expenses. A new life can be yours. Contact Khosroabadi & Hill, APC and let us help you begin it.