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Answering an Accusation of Domestic Violence in a Divorce

On Behalf of | Feb 10, 2020 | Domestic Violence

What is the best strategy for answering an accusation of domestic violence in a divorce?  Your former spouse has obtained an emergency restraining order after accusing you of abuse, child abuse or some other form of domestic violence. Many people ignore the issues surrounding a restraining order, but the consequences can have a life-altering and permanent impact on multiple aspects of your life, especially during the process of a divorce.

A divorce is a turbulent time in the lives of most Carlsbad residents. Responding to accusations of domestic violence in a divorce in a legally effective manner will make a substantial difference in the outcome of your divorce case as well as your own personal liberty, future rights and employment.

Obtaining an emergency protective order in Carlsbad is quite easy. Once you have been served notice regarding a Temporary Restraining Order (TRO) you must keep three things clearly in mind:
1. This is serious. Take it seriously
2. Obey the orders contained in the TRO to the letter. “No contact” means exactly that – don’t text, call, speak with, approach, e-mail or otherwise contact the other party even if they initiate the contact. If they contact you do NOT respond. You also may not attempt to use others (family, friends) to communicate on your behalf.
3. Don’t ignore it – Answer it. A hearing will occur within 21 days. At that hearing the judge will hear testimony regarding making the order permanent. A permanent restraining order will not only impact spousal support, parenting time and other aspects of your divorce, it will impact your personal life as well. You will not be able to own a gun or obtain ammunition, which eliminates many types of employment. Officers will treat you like a felon at every simple traffic stop, believing you to be a violent offender. Many companies will not interview let alone hire a person with a permanent restraining order.

The attorneys at Burke & Domercq, APC will represent you and protect your interests while answering an accusation of domestic violence in a divorce. We defend you against false accusations, and work to resolve the matter without the need for a permanent order.  If you have been served with a TRO we invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.

Burke & Domercq, APC do not condone any act of violence or abuse within a marriage or family.  Domestic violence is a serious issue, and we are committed to protecting all children and adults from acts of domestic violence.