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Abuse of Restraining Orders in Carlsbad Divorce Cases

On Behalf of | Oct 2, 2019 | Domestic Violence

There are a lot of myths and misunderstandings when it comes to the abuse of restraining orders in order to gain the upper hand in a North County San Diego divorce case.  When genuine domestic violence, criminal activity or addictive behaviors exist restraining orders are a sound and important legal tool.

However, the abuse of restraining orders in Carlsbad has also been noted in the past several years.  There are several challenges associated with restraining orders, and it is important to protect your legal rights in these matters.

First, you cannot simply ignore a restraining order.  This is serious legal business, and when a Judge issues temporary orders that dictate “no contact” – it means exactly that.  No contact.  None. Don’t call, email, text, or send someone else to negotiate on your behalf.

Even if the other party contacts you first, you cannot respond.

Second – contact our office, get legal representation and attend the hearing.  The Court will set a hearing, usually within 10 days of the issuance of a temporary restraining order.  If you do not pay attention, attend the hearing and defend your interests, the order will become permanent.  Restraining orders will not only affect critical issues in a divorce such as child custody and parenting time, they also permanently impact your ability to get a job, travel or qualify for many military posts and clearances.

Many people take restraining orders too lightly, and once they have become permanent the damage may be done.  If you have received notification of a temporary restraining order and you are in the midst of a contested divorce process you need to contact our office and discuss the situation.

Burke & Domercq has decades of experience in Carlsbad and North County San Diego divorce cases.  We aggressively represent and protect our clients interests, and work to achieve the best possible outcome based upon their unique goals and objectives.  We invite you to contact us or call 760-389-3927 to schedule an appointment to learn more.