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Obtaining a Domestic Violence Restraining Order in San Diego

On Behalf of | Apr 6, 2022 | Domestic Violence

What is the process for obtaining a domestic violence restraining order in San Diego?  If you are concerned for your safety and are a victim of any form of domestic violence you need to begin by seeking a restraining order against the person who is inflicting the physical or emotional harm into your life.

Domestic violence occurs between family, friends, relatives, roommates, intimate partner, or co-parents.  Domestic violence covers many actions including but not limited to hitting, kicking, punching, threatening, stalking, harassing, restraining movement, repeated telephone calls, unwanted text messages and all forms of physical and psychological “Coercive Control.”

There are multiple methods for obtaining a domestic violence restraining order in San Diego.  The first option is if you are in danger call 9-1-1 immediately.  If it is not an emergency situation simply call the police and let them know you need an emergency protective order.  The police do not issue a protective order, that is done by a Court, and there require the satisfaction of specific guidelines.

The second method for obtaining a domestic violence restraining order in San Diego is to seek the advice and counsel of the experienced, proven Certified Family Law Specialists at Burke & Domercq.  We can advise you of your rights under the law and the process to seek the protections of a restraining order and if necessary domestic violence charges.

The Court usually issues specific instructions for the perpetrator as well as the party obtaining a domestic violence restraining order in San Diego.  One of the most important instructions is the order for “no communications” between the parties.  This literally means no communication, in any form.  You can’t ask a friend, parent, co-worker or anyone else to speak with the other person on your behalf or pass a message.  Likewise, the person who seeks the restraining order cannot communicate with the accused.  If they do so, the recipient of the restraining order should never respond without advice of counsel.

Issues of domestic violence significantly increased during the pandemic.  If you are suffering from physical or emotional abuse, stalking or harassment you need to consider a restraining order.  Unfortunately, there are cases where allegations of domestic violence have been used to attempt to gain an advantage in a child custody or divorce situation.  This is why you need the advice and counsel of our experienced legal team.

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.