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When to Seek a Retraining Order – Carlsbad Family Law Attorney

On Behalf of | Mar 15, 2022 | Domestic Violence

Are you wondering when to seek a restraining order in unsafe situations or domestic violence under California Family Law?  The fact is every couple has arguments and disagreements during the course of a relationship or marriage.  How do you know when it has crossed the line into domestic violence or the need to consider restraining orders?  The Certified Family Law Specialists at Burke & Domercq provide sound advice and counsel in what can sometimes be a complex family matter.

Generally speaking, if you or your children are exposed to situations of violence, abusive behavior, harassment, stalking or even situations which can become life-threatening you should seriously consider the decision to seek a restraining order.  There are domestic violence laws which are specifically designed to protect people and children in these situations.  In some cases it may involve a serious personality disorder or mental health issue.  In others, it may simply be the right decision to put up some guard rails and clearly establish protections and the need for behavioral change.

Many who find themselves in increasingly threatening situations can find it confusing.  Is this a one-time behavior, perhaps aggravated by an external influence such as drugs or alcohol?  Is there something else going on in the life of the perpetrator which ultimately leads to increasingly intense confrontations?  The fact is there is simply no tolerance under the law for domestic violence or abusive behavior.  If you even start to feel threatened in any situation you should trust your internal feelings that it might be time to consider reaching out and speaking with experienced professionals who can provide sound advice and counsel.

You should immediately seek a restraining order and the advice of our attorneys if you or your children experience hitting, kicking, pulling of hair, attack with any form of weapon or club, constant berating and controlling threats, episodes of yelling and screaming or stalking.  If a threat is made you should take it seriously.  If patterns in your relationship are not yet to that point but heading in the wrong direction it simply makes sense to sit down with someone you can trust who can provide independent insight.

Our attorneys understand the sensitive and confidential nature of these situations.  We provide information regarding the nature of the threat and possible options under the law.  In situations where violent or life-threatening actions are taking place it is necessary to contact law enforcement.  However, in many cases simply involving the Family Court to seek a restraining order and beginning legal proceedings can help to diffuse a hostile environment and get things moving in the right direction.  You and your children deserve to be in a safe place at all times and a restraining order can play an important role in getting the attention of an abusive party, immediately improving behavior, getting counseling and ultimately moving forward.

If you are weighing the question of whether to seek a restraining order or have questions regarding domestic violence and the law we invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.