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It is Important to Fight Restraining Orders in a San Diego Divorce Case

On Behalf of | Sep 20, 2020 | Domestic Violence

It is important to fight restraining orders in a San Diego divorce case to protect your rights as a parent if you are falsely accused.  Why should you contact Burke & Domercq and make sure to go to the hearing if you’ve been served with a restraining order and are approaching or in the midst of a divorce?

It’s important to state up front Burke & Domercq does not in any way condone domestic violence or any form of verbal, physical or emotional abuse of a spouse, partner or child.  Those suffering abuse or domestic violence must be protected.

Unfortunately, we have seen too many cases where allegations of domestic violence or sexual assault of a child were false allegations in an attempt to gain the upper hand during a divorce.  If you have been falsely accused and have been served with emergency protective orders containing a restraining order in the midst of a divorce you should pay close attention to the order itself, and contact Burke & Domercq immediately or call 760-389-3927 to learn more and protect your rights and interests.

Why is it important to fight restraining orders in a San Diego divorce case to protect your rights as a parent if you are falsely accused?  Once they become permanent, domestic violence orders will affect not only your divorce and your rights as a parent, but every other aspect of your life as well.

The clock is ticking and it has a short fuse – less than a few weeks.  There will be an immediate hearing scheduled where a judge or magistrate will hear the case and decide if the temporary orders are to become permanent.  If you have been served with a TRO or EPO you must fight to protect your rights during and after the divorce.

Restraining orders will also affect your rights as a citizen and even your ability to seek employment in the future.

Obey every instruction contained within the notice you’ve received.  No Contact means literally no phone calls, no texts, emails, social media contact, personal contact, contacting the other party through the US Mail or having a friend or family member contact them on your behalf.  You may not respond even if they call, text or email you.  No contact means exactly that.  Obey this order to protect your own interests.

We are often able to fight restraining orders in a San Diego divorce case and dispute the authenticity of the claims contained within the original protective order to seek immediate dismissal.  We can also negotiate a better outcome without an order becoming permanent.  If you fail to appear at the hearing or ignore the orders in the temporary restraining order you risk the implementation of a permanent order.

This will show on any records search done by a potential employer in the future.  It labels you as a violent person.  It will even affect the way you are treated at a normal traffic stop or any encounter with law enforcement.  They will consider you to be a dangerous and violent person and will deal with you as such.

This could also affect child custody and parenting time and many other aspects of the divorce.