What is the process for getting a restraining order for domestic violence in San Diego? If someone in your family, household or workplace is taking actions, communicating or behaving in a way which feels threatening you simply want to make it stop and protect yourself. What has to happen in order for a restraining order to be issued?
Getting a restraining order for domestic violence in San Diego requires you to be physically or emotionally harmed or threatened by someone with whom you live, are in a romantic relationship or to whom you are related. This includes your spouse, domestic partner, someone you date or used to date such as a boyfriend or girlfriend, parents, close relatives or your son or daughter.
There are several types of restraining orders in addition to those associated with domestic violence. These include:
- Emergency protective orders/temporary restraining orders
- Domestic Violence Protective Order
- Workplace Violence Restraining Order
- Civil Harassment Restraining Order
- Elder and Dependent Adult Restraining Order
There are two steps in the process of getting a restraining order for domestic violence in San Diego. The first is a Temporary Restraining Order Hearing. A Temporary Restraining Order or TRO is requested of a Judge due to the threatening behavior. The Court usually grants an immediate restraining order preventing any contact between the parties (or attempts to contact through a third party) until an actual Restraining Order Hearing can be conducted (usually within 10 days).
The Actual Restraining Order (RO) Hearing is a genuine legal process where the rules of evidence apply. The person seeking the restraining order must provide clear and convincing evidence that they have suffered physical or emotional violence or there is a viable and verifiable threat. The party who is the subject of the TRO has the opportunity to present evidence as to why a permanent restraining order should not be issued.
Unfortunately, in many divorce cases involving children there are often genuine issues of domestic violence. It is also possible for one parent to attempt to use false allegations of physically or emotionally threatening behavior in order to gain a perceived advantage in child custody and parenting time.
The Certified Family Law Specialists at Burke & Domercq will work with you to take immediate action to protect your from harm or threats of harm. Getting a restraining order for domestic violence in San Diego or defending accusations of threatening behavior require experienced, proven legal advice and counsel.