Restraining Orders & Orders of Protection
A restraining order – or order of protection – will typically demand the restrained individual from making any contact attempts with the petitioner, as well as steering clear from their place of work and residence, especially when it is known the petitioner will be there.
In San Diego County, restraining orders can force an individual to:
Move out of your home;
Not come within a certain distance of you or your residence, school, or workplace;
Not come within a certain distance of your children, their school(s), or their regular places of attendance;
Not contact you in person or by any other means of communication;
Comply with child custody, visitation, and child support orders; and
Not purchase or own a firearm.
Whether you fear for your safety at home due to an abusive member of your household, or have had false allegations of domestic violence raised against you, our offices are here to support you during this frightening and uncertain process. Please see below for types of orders we can help with.
Domestic Violence Restraining Orders
A domestic violence restraining order is a legal method of protecting people from abuse or harassment carried out by a family member, close relative, spouse or partner, or anyone who shares residence with the petitioner. Though the law requires a close or biological relationship between the person seeking the restraining order and the alleged abuser, it does not require that relationship to be current. California law defines abuse broadly, including a wide range of suspicious behaviors:
Stalking
General harassment
Kicking and hitting
Repeated verbal abuse
Theft or destruction of property
Any other violent action
If you or a loved one are involved in violent or abusive relation, or are unsure if have any questions about domestic violence restraining orders, please do not hesitate to give our office a call. We are here to help.
Civil Restraining Orders
Civil restraining orders, also referred to as harassment restraining orders, are sought in cases abusive or persistent malicious harassment that leaves the victim feeling frightened or extremely annoyed. A civil restraining order is similar to a domestic violence restraining order but it can be filed against anyone who’s not closely related to the petitioner.
Police are more likely to issue a civil restraining order if there has been a “credible threat of violence” made by the person targeted by the order. Be sure to collect ample evidence, such as voice recordings or electronic communications, if you wish to file for a civil restraining order.
Civil Restraining Orders Defense Against False Allegations & Orders
In some instances, petitions for restraining orders may based on untruthful or invalid information.
If you are the victim of a dishonest or unsubstantiated accusation of domestic violence or civil harassment, do not hesitate to contact our office for a consultation of your case. Timely and assertive action can make all the difference on your ability to properly defending your good name and your rights.