Helping Clients Through the Most Difficult Aspects of Family Law

Family law is an incredibly complicated legal area. Unfortunately, such matters become even more complex when allegations of domestic violence are involved. In such instances, judges are tasked with implementing California law in a way that protects everyone involved. However, they have to differentiate between legitimate claims of abuse and potential false allegations meant to gain the upper hand in a family law case. Regardless of your unique situation, you need a San Diego domestic violence lawyer on your side.

At Khosroabadi & Hill, APC, our dedicated team of legal professionals is here to assist. We can help individuals who are in danger seek a domestic violence restraining order. We’ve also handled cases where claims of intimate partner abuse were used to gain leverage and secure a better outcome in court. All these cases are always emotional and challenging to navigate, so seeking legal counsel is likely in your best interest. Domestic violence and allegations of such conduct can derail a person’s life—don’t hesitate to contact our law firm for a free consultation.

Understanding Domestic Violence and Restraining Orders

Securing a San Diego restraining order is not a singular process that’s the same for everyone. There are actually multiple types of protective orders, and a person’s situation will dictate which is appropriate for them. Domestic violence restraining orders are granted when evidence of abuse can be established. However, it’s important to realize that it’s not just physical harm that qualifies as domestic violence under California law. In fact, any of the following may fall into this category and — if a judge is convinced — can lead to a protective order against the alleged abuser:

• Physical abuse: This is any form of assault or harm that inflicts physical damage. California penal code does not require serious harm to be suffered. Any type of assault is sufficient evidence
• Emotional abuse: An individual can also seek legal protection if someone is inflicting emotional abuse on them. Many other forms of domestic violence may fall under this category
• Sexual assault: Domestic abuse is often accompanied by sexual abuse. This is a form of control, and due to its severity, it is taken extremely seriously under the law
• Financial abuse: It’s also common for an alleged abuser to use money in order to control their partner or family members
• Threats: Putting anyone in fear of negative outcomes if they behave in a certain manner may qualify a person for a domestic violence restraining order
• Harassment: Continued harassment may qualify a person seeking protection for a restraining order — even if no domestic abuse actually occurs
• Destruction of property or pets: It’s common for intimate partners to try to control others with threats or actual harm to their personal property or family pets
• Stalking: Many states see stalking as a form of domestic abuse, but even in those that do not, it’s possible to secure a restraining order for such behavior

These are the most common situations where you’ll see a judge grant a temporary or permanent restraining order. However, keep in mind that this list is not exhaustive when it comes to protective order issuance. Restraining orders are meant to keep the protected person safe from their alleged abuser, and this is true even if no physical abuse has occurred and in situations where no intimate relationship exists. This is why it’s important for individuals in various situations to understand the types of restraining orders available under the law.

What Type of Restraining Order Can Be Issued?

If you have specific questions about protective orders, you should speak with a restraining order attorney to get answers based on your unique situation. However, it’s also worth understanding the type of restraining orders available under the law in California. For victims of violence, this will give them an idea of their options for protection. For those who have been accused of abusive acts, this understanding offers a clear idea of what’s expected as long as the order is in effect.

Emergency Restraining Order

An emergency protective order (EPO) can be issued before any criminal conviction, judicial hearing, and before anyone ever speaks with a San Diego domestic violence attorney. That’s because police can seek these orders the moment they believe someone is facing or is in danger of facing a domestic violence situation.

Judges are always available to take calls from police officers, so these orders can be issued for the protected party immediately. Once in effect, the order will last for one whole week. This allows the accuser to seek a temporary restraining order — which must be issued prior to a permanent restraining order hearing. An EPO is meant to put an immediate stop to the alleged abuse.

Temporary Restraining Order

When the court believes there is a credible threat to an individual’s safety, they can issue a temporary restraining order (TRO) to provide some form of protection until a hearing for a permanent restraining order can be held. TROs can last up to 25 days. When an EPO or TRO has been issued against a partner or family member who lives in the same home, the judge may require the alleged abuser to find somewhere else to stay.

Permanent Restraining Order

After a temporary restraining order is issued, the courts can schedule a hearing to issue a permanent order. If the judge believes the person seeking protection is in danger, they can issue a permanent restraining order. The length of this order can vary depending on the type of order that’s issued (i.e., domestic violence restraining order vs civil harassment restraining order). It’s possible to overturn these orders, but doing so can be extremely difficult and often requires the help of an experienced legal team — even when the protected person provides their consent.

How Can a Person File for a Restraining Order?

For a person to secure a restraining order, there are several steps they must take. While an emergency restraining order can be issued on the spot, finding more permanent protection requires dealing with the legal system. First, it’s necessary to determine which type of order is appropriate in a given case:

• Domestic violence restraining order
• Civil harassment restraining order
• Elder or dependent adult abuse restraining order
• Workplace violence restraining order

Each of these covers different situations and may have different procedures that must be followed. For instance, employers who want to ensure the safety of their workers can seek a workplace violence order. Once the proper order type is determined, forms must be filed with the court to request protection. A temporary restraining order can be put in place until a permanent order is issued.

However, there’s no guarantee that an order will be issued. Whether the court is dealing with a domestic violence case or alleged stalking by a stranger, they’ll want to know specifics regarding the abuse. This should be kept in mind when filing the paperwork. After the courts receive the filings, the subject of the order must be served by a third party. After this, a court hearing will decide what happens next.

Can a Temporary Restraining Order Be Made Permanent?

The entire purpose of temporary restraining orders is to provide protection until a permanent protective order hearing can be held. Perhaps a person claims they’re the victim of ongoing domestic violence by a current or former spouse, or maybe they’re facing escalating actions by a stranger or former acquaintance who is stalking them. Regardless of the underlying situation, a person can file for a temporary order and typically have it reviewed the same day it’s submitted.

If the judge believes there is reasonable proof that a danger exists, they will issue the temporary order. At this point, the protected individual will need to attend a scheduled court date to consider a more permanent solution. This hearing date will be included in the temporary restraining order paperwork. The protected individual should bring evidence and witnesses to support their case.

Such evidence can include police reports, photographs, medical statements, witness statements, and anything else proving that abuse has occurred. The target of the order will also have an opportunity to present evidence proving their side of the case. Once all parties have argued their cases, the judge will decide whether to make the temporary order permanent.

Domestic Violence Restraining Order vs Civil Harassment Restraining Order

If you’ve ever heard of a civil restraining order, it’s very similar to domestic violence restraining orders. For the latter, it’s necessary to show that certain individuals (e.g., current or former spouse, partner, blood relations, household members) engaged in abusive types of behavior. This could include anything from physical abuse to threatening emails. Domestic violence orders are issued to protect the alleged victim in these situations.

However, civil harassment restraining orders can be issued if the alleged abuser does not have any of these relationships with the person requesting protection. A domestic violence lawyer in San Diego County can help apply for these orders, and for the most part, the protection provided is very similar to that provided to those who say they’re facing domestic abuse. However, there are some differences — such as civil harassment emergency protective orders only being issued when stalking is occurring.

Whether you’re seeking protection or need help defending against false allegations, the legal professionals at Khosroabadi & Hill may be able to assist. Contact us today to learn how our legal services can help in your situation.

How to Remove or Modify an Existing Restraining Order

If someone believes they were targeted by unjust restraining orders — or if the parties involved want to alter the status of such an order — there are ways to do this. Of course, it won’t necessarily be easy. Judges have concerns when removing protection, especially when domestic violence cases are involved. To overturn such an order, the individual who is the target of the order will need to file a request to modify or terminate the order with the court.

This might be done for a variety of reasons:

• The relationship between the parties has improved
• The current order is having an impact on housing or employment
• Considerations involving parenting time or custody modifications
• Changes in circumstances or risk levels
• Financial or practical difficulties
• Criminal record or legal implications
• Mutual agreement between parties
• Errors or misunderstandings in the original order

To successfully overturn this court order, the subject must show that something substantial has changed. This might include evidence that the person has gone through rehabilitation or that no further incidents have occurred. Of course, the best possibility of overturning restraining orders comes with the protected individual’s consent. After filing the appropriate paperwork, a court hearing will be scheduled where the burden of proof will be on the subject of the order.

Still, this guarantees nothing. Changing an order can be a difficult feat to accomplish — especially if the initial filing or testimony of law enforcement officers is particularly damning — but San Diego domestic violence / restraining order lawyers may be able to help.

How Domestic Violence Allegations Affect Divorce and Child Custody

Domestic violence is a common cause of divorces in America. Abuse can also be used as grounds for divorce when a no-fault divorce is not appropriate or allowed. These allegations can have major implications for everyone involved — for both child custody issues and other relevant matters. The following are the important outcomes you should understand when domestic violence allegations are levied during a divorce:

The Immediate Implications of Restraining Orders

Once a restraining order is issued, the subject of the order may face immediate limitations on custodial and visitation rights. They might also deal with immediate financial obligations — such as paying temporary spousal or child support. In all likelihood, the targeted individual will also face a stay-away order and likely a complete or negative contact order.

Custody and Visitation Issues

Under California law, it’s typically presumed that a parent who has committed domestic violence should not have custody of a child. It’s up to that parent to prove otherwise. They can do this by presenting evidence challenging the presumption that they shouldn’t have custody. Visitation can also be affected, as individuals granted these rights may have to accept supervised visits.

Division of Assets and Financial Support

Except in extreme instances, child support decisions will be based on the child’s needs and both parents’ incomes. However, an alleged victim of abuse may be granted a higher level of asset division — particularly in instances where domestic violence involved financial abuse. Individuals who have faced abuse are also more likely to be awarded alimony in order to achieve financial dependence. Conversely, a spouse who’s convicted of domestic violence may be barred from receiving support from the victim.

What Happens When Criminal Charges Are Filed?

Domestic violence issues frequently do not stay in family court. These cases can quickly move into the criminal realm when the police are contacted and see evidence of criminal conduct. Such evidence could establish that assault, harassment, stalking, threats, false imprisonment, and other crimes have occurred. These issues can also become a criminal matter if a restraining order is violated or mandated-reporting professionals (e.g., teachers, healthcare professionals) see evidence of abuse.

Once criminal courts become involved, the accused individual could face substantial fines, probation, mandatory classes (e.g., anger management), and even incarceration. A conviction can also directly affect a person’s ability to secure employment and housing. Additionally, criminal records are public records, so a conviction can be discovered by anyone — including future romantic interests — and affect background checks when seeking to purchase a firearm.

What Are Common Domestic Violence Defense Strategies?

It’s an unfortunate reality, but not all accusations of abuse and domestic violence are true. Statistics show that false allegations of child abuse are not uncommon in child custody cases. Some people also make false accusations regarding sexual abuse and physical harm to get more power in a divorce case. Anyone who is falsely accused of these actions — or those who feel they’ve been unfairly arrested — should understand that there are valid legal defense strategies available:

• Self-defense or defense of others
• False allegations
• Lack of evidence
• Accident or unintentional harm
• The accused has an alibi or was misidentified
• There was no intent to cause harm
• Police made procedural errors (valid during criminal proceedings)
• Violence was mutual in nature

Whether wrongful allegations are being levied in criminal or family court, it’s important for the accused to fight back. Even if it seems like a person might be able to secure a fair outcome, a conviction or court acknowledgment of abuse can cause irreparable harm to an individual’s reputation. It can also greatly hinder their ability to assert legal rights later on. A domestic violence attorney in San Diego may be able to help secure a better result.

Contact a San Diego Domestic Violence Lawyer Today

Whether you’re going through divorce proceedings, are at odds with a romantic partner, or cannot seem to coexist with certain family members — dealing with domestic violence and restraining order laws in California can be a stressful and complicated task. While police and courts are able to simplify some tasks — such as issuing emergency restraining orders — most other processes in this area of law involve complex legal filings, court appearances, and other essential steps. At times, you may feel like you just want to give up.

Fortunately, you don’t have to go through these issues alone. At Khosroabadi & Hill, APC, we offer legal assistance for individuals dealing with the legal system. Whether you need assistance filing for a protective order or require restraining order defense services due to unfair allegations, we have the experience necessary to help you navigate these difficult issues. We can also direct individuals who need them to critical services such as domestic violence hotlines and organizations along with potential court-appointed resources.

Our domestic violence lawyers in San Diego are on standby and ready to assist. Contact us at (858) 240-2093 for a free consultation. We’ll help you understand the next steps.