October 13, 2015

Domestic Violence Restraining Orders

What are Domestic Violence Restraining Orders?

It is a court order issued to prevent the recurrence of acts of abuse by a batterer. California Law defines abuse as

  1. Intentionally or recklessly causing or attempting to cause bodily injury.
  2. Sexual assault.
  3. Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  4. 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.

What do I need to do to get a Domestic Violence Restraining Order?

  1. You must have a close relationship with the party you are asking to have restrained. Some close relationships include: ex-spouses, dating relations, engagement, having a child/children together, relationship by blood, part of the same household.
  2. The act(s) of abuse/violence should be recent. The length of time since the most recent act of abuse, however, is not the only factor if the R/O will be granted. 
  3. 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.
  4. To apply for a Domestic Violence Restraining Order you may obtain a Domestic Violence Restraining Order packet from the San Diego Courts business office.

How can we help?

  1. Provide a FREE consultation and restraining order evaluation.
  2. Prepare the Restraining order packet.
  3. Assist in preparing an affidavit/declaration.
  4. Collect all necessary supporting documents
  5. Present the information to the judge in the best light.
  6. Represent you at the court hearing.
  7. Best of all, we have a simple FLAT-FEE rate. 

CALL US TODAY AT 619-357-6677

Click here to learn more about Civil Harassment Restraining Order

Served with a Temporary Restraining Order? You need to respond! Click here to learn how we can help.