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San Diego Restraining Order Attorney

Having a restraining order on your name can have a significant impact on your life. It has the power to take away everything that matters and force you to stay away from important people in your life. When a restraining order is sought against you, it could severely affect your rights. For instance, you may have to surrender all weapons, you may not have contact with your wife or children, you may be barred from visiting certain areas, and you might have to relocate from your permanent residence. Restraining orders are fairly common but can be difficult to deal with once issued. More often than not, courts will side with the victim so as to prevent further harassment, stalking, violence, and other forms of abuse. This can be damaging to individuals who are victims of false or exaggerated accusations. What’s more, you can be charged with a crime if you’re accused of violating a protective order once it’s issued. If a restraining order has been filed against you, it’s in your best interest to quickly retain legal counsel.

At San Diego Restraining Order Attorney, we’ve helped countless individuals and families in San Diego and the surrounding areas for years. We understand what’s at stake with any type of California restraining order, and our priority is to protect you from the associated stigma. We can review your case to determine the best course of action to minimize the consequences or have the order removed if it was issued unfairly. Our legal team is talented at developing expert strategies and will fight zealously to ensure your rights are protected.

Because of the high risk involved in cases that call for a restraining order, California Law treats these cases seriously and with the utmost sensitivity. As such, your case deserves prompt attention. There are strict filing deadlines that you, the respondent, must comply. What’s more, your attorney will need adequate time to interview you, gather evidence, and obtain declarations in order to build a strong and effective defense.

San Diego Restraining Order Attorney primarily defends against all forms of restraining orders as well as subsequent violations. However, on occasion, we also help individuals obtain such orders so as to protect them against harm from other individuals. Contact San Diego Restraining Attorney for a free consultation today at 619-728-6293. Get help fast.

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What Sets Us Apart?

Often, during consultations with potential clients, we will be asked: “How is your law firm different from another?” Alternatively, more specifically, clients will complain, “The last attorney I hired only seemed concerned with their fees,” “did not give my case the attention it deserved,” “promised things they never delivered,” “and would take long to reply to my emails or call me back.” The list goes on.

At San Diego Restraining Order Attorney, we don’t expose our clients to negative experiences in their quest for legal assistance. We understand that matters involving restraining orders often involve extremely stressful events in a person’s life. Our goal is to handle situations efficiently, professionally, and in an affordable manner.

Our team is informed, empowered, and focused. Whether your case is straightforward or complicated, you can benefit from our knowledge and experience with complexities of California restraining orders. The key to our approach is to make a determination of the merits of your case and craft a winning strategy. We encourage a “can-do” attitude and provide the optimum solution through tenacity and hard work.

Restraining order defense isn’t one of the things we do – it’s everything we do. Our exclusive focus on restraining orders gives us the dedication and tenacity required to navigate the intricacies of the justice system and advocate for our clients’ best interests. In addition, we focus on you because we want to help you maintain your freedom.

Our attorneys have been practicing in San Diego for years and are intimately familiar with local laws and court procedures. Our firm has developed a reliable network of local investigators, expert witnesses, and other professionals who play an important role in building solid cases. We are integrally involved in the community and use our experience to address the legal needs of our clients.

We’re dedicated to providing personalized care and attention to each and every client. We tailor our representation to the client’s individual needs and treat every case as if it’s the most important matter that we’re handling. Our attorneys and staff are always accessible and very approachable. We’ll guide you through every step of your case and keep you informed of the progress of your case along the way.

We adhere to a code of ethics and always act in the highest ethical and professional manner in dealing with all parties involved in a case. Your interests are always our highest priority. As such, we do not accept engagements that will conflict with your objectives or interests. At San Diego Restraining Order Attorney, we place reliability, integrity, and responsibility before profit.

Legal fees are expensive and many dread facing legal matters and having to incur the related expenses. We try to temper this fact by always letting our clients know what to expect in terms of costs. Moreover, because we value relationships with our clients, we often work with a client’s unique circumstances to ensure they get quality legal representation without breaking the bank.

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Client Testimonials

When it comes to legal matters, we know that individuals are only interested in putting their case in the right hands. At San Diego Restraining Order Attorney, we care for you and will do everything possible to protect your rights. However, don’t just take our word for it. We’ve included real testimonials from clients who have unique things to say about our legal team and who were faced with different types of restraining orders and case details.

Our goal is to let you see what our past clients are saying about the outcomes of their cases, and learn why you should choose San Diego Restraining Order Attorney to represent you and provide the level of professionalism you deserve.

Types of Restraining Orders in California

California law recognizes four types of restraining orders. Each of these orders can last for a certain period of time, from several days up to 3 years with the possibility of renewal. San Diego Restraining Order Attorney offers comprehensive defense in cases involving any type of restraining order.

Domestic violence is handled very seriously and with much sensitivity in Southern California. Victims of domestic violence may seek the protection of a domestic violence restraining order if the victim and the alleged abuser are closely related or in a domestic relationship. This order is designed to protect a person from abuse by a spouse, ex-spouse, fiancée, romantic partner, former dating partner, child, co-parent, parent, individuals that reside or formerly resided together, or family member. Domestic violence may take different forms, including sexual or emotional abuse, physical aggression, psychological actions, economic exploitations, or threats of action. Furthermore, engaging in ay behavior that could be or has been considered as attacking, stalking, molesting, harassing, battering, striking, threatening, property destruction or placing a person in reasonable fear of harm would be sufficient to show domestic violence.

Domestic violence restraining orders are often inappropriately used by divorce attorneys as a controlling factor in upcoming child custody hearings, divorce proceedings, or for revenge in cases involving infidelity. Violation of this order can be prosecuted under California PC 136.1 and 136.2. Also, since domestic violence is a criminal activity, the protective order will remain active as long as you’re charged and the case is pending. The order can also be issued as a term of probation if you’re ultimately convicted of domestic violence. In some situations, the protective order can be reduced to a Level One restraining order intended to allow for peaceful contact between the involved parties.

DVROs may be sought on a temporary basis. It’s important to note that the process of granting a temporary restraining order (TRO) is quite straightforward since the evidentiary standard is not demanding. The court will typically grant the order provided there’s some reasonable basis for the request. Once a TRO is issued, the court will set a hearing within 21 days to determine if the order should be made permanent. If you’ve been served with a DVRO, don’t delay in reaching out to the San Diego Restraining Order Attorney. We can help guide you through the process of responding to the order and help you avoid any violations. We stand ready to defend your rights and freedom.

There is a major difference between Civil Harassment and Domestic Violence orders. In a domestic violence action, the parties involved must have a close or domestic relationship. This relationship would either be having dated the person alleged abuser, having kids together, being married to the restrained person, having lived with the restrained person, etc. In a civil harassment proceeding, however, such relationships don’t exist. Basically, there’s no close relationship required for one to obtain a civil harassment restraining order. The restrained person can be a distant family member, a roommate, a friend, a neighbor, or any other person who is not closely related to the protected individual. Also, unlike domestic violence restraining orders, which are filed in the Family Law court, requests for a civil harassment restraining orders are filed in the Civil Court House.

Under the Code of Civil Procedure §527.6, civil harassment is essentially any evidence proving that the targeted individual has threatened or harassed the party requesting for the injunction. Actions that may warrant the issuance of a civil harassment restraining order include:

  • battery, assault, stalking
  • a course of conduct designed to annoy, harass, or vex with no legitimate purpose or
  • a credible threat of violence that places a reasonable individual in fear for their safety.

This type of restraining order prohibits the restrained person from following, striking, harassing, annoying, or disturbing the peace of the individual protected by the injunction. The protection may extend to household members. When the protective order is in place, you may not be allowed to contact them or go near their school, their child’s school, home or workplace. Depending on the facts of the case, a civil harassment restraining order may be in effect for up to 5 years.

There’s really no requirement for the restrained person to have engaged in a violent act for the restraining order to be granted. Instead, the conduct must be upsetting enough to cause reasonable emotional distress. As such, a mere argument would not be sufficient to seek a civil harassment restraining order. The petitioner must show that the alleged perpetrator's action may cause irreparable harm or may escalate to violence in the future. Such conduct may be in the form of threatening text messages, phone calls, social media messages or emails.

The standard for the issuance of a civil harassment order is clear and compelling evidence in court. If that threshold is not met, San Diego Restraining Order Attorney can help you defend against a civil harassment restraining order request by filing a response by filing a CH-120 form.

Elderly and dependent adults represent a vulnerable section of the population, making it important to have certain laws to protect them from any sort of abuse. An elder or dependent adult abuse restraining order may be requested by a victim of abuse who is over the age of 65 or between the ages of 18 and 64 and has physical or mental disabilities. There are many forms of abuse that may be directed to elderly and dependent adults. These include:

  • Mental or psychological abuse
  • Physical abuse
  • Neglect or abandonment
  • Financial abuse
  • Deprivation of basic necessities by a caregiver upon whom the dependent or elderly adult relies

A request for a restraining order may also be brought by an agent, conservator, or power of attorney with authority to represent the abuse victim. The court may grant a TRO (Temporary Restraining Order) on that very day the request is presented or by the next court day. The court will then schedule a hearing to determine whether to issue a permanent restraining order within 21 days of the TRO being granted. The petitioner must present evidence to prove the alleged abuse. Once issued, the restraining order will prohibit the targeted person from going to certain places or owning a gun. They may even be ordered to move out of their homes, especially if they live together with the victim.

If an elder & dependent adult restraining order has been issued against you, we can help you present a convincing argument to show the court that you deserve to have the order modified or lifted.

The workplace shouldn’t be a place that instills fear in employees. Nobody should have to worry about their safety and in the same measure; nobody should be wrongfully or falsely accused of workplace violence. A workplace restraining order may be requested by an employer for an employee who has been the victim of violence, harassment, threat, or stalking from another person in the workplace. California law allows courts to grant this type of order for the protection of workers, volunteers engaged in work-related activities, and independent contractors to guard employees against such risks. Courts have the authority to order an alleged abuser not to possess a gun, contact or go near the employee, or threaten or harass the employee

In California, a workplace violence restraining order can only be requested by an employer on behalf of an employee who needs protection from another person in the workplace. This means employees themselves may not request a workplace restraining order. Instead, he/she would have to request a civil harassment restraining order or domestic violence restraining order, based on his/her relationship with the abuser, stalker, or harasser.

For this restraining order to be granted, the employer must demonstrate that the worker has actually been subjected to criminal violence or a reasonable threat of violence. These acts should be reasonably construed to have taken place at the victim’s working place. A credible threat of violence refers to the deliberate act of uttering words or doing something in a manner that would make any reasonable person fear for their safety. The behavior must not be allowed as part of a labor dispute, and the accused abuser must not be engaging in an activity that is constitutionally protected. Once issued, the workplace violence restraining order may be in effect for weeks or up to three years, depending on the specific circumstances. In some cases, the order may also protect family and members of the employee’s household if they are considered to be at risk of harm.

If you or someone close to you believe that a workplace violence restraining order has unjustly been issued against you, San Diego Restraining Order Attorney can help. We can exhaustively go through the documents filed by the petitioner and scrutinize for any indecorous statements or ambiguous evidence in order to develop a viable legal strategy.

Levels of Restraining Orders in California

There are three levels of protection that can be granted through a restraining order. These define the specific duration a restraining order can last, from a few days to several years. The specific facts of the case will determine the level of protection and the length of the order.

Emergency orders are frequently requested by law enforcement officers when they respond to a domestic violence call. If the officer suspects that someone is in immediate danger, the officer will contact an on-call judge to have the order issued. The official then informs the offender about the order which goes into effect instantaneously. They can also be obtained by individuals who are in the process of filing a permanent restraining order but need protection as the process is finalized. An EPO stays in effect for up to seven days but may or may not be replaced with a temporary or permanent restraining order.

These orders usually last for up to 2 or 3 weeks. It is designed to offer protection until the case goes before a judge. Before a TRO expires, a hearing will be held to determine if a permanent restraining order should be issued. During the hearing, the accused will have the opportunity to tell his/her side of the story. However, the initial order will be granted solely on the alleged victim’s word, in addition to some form of reasonable proof of imminent harm or danger. A TRO will be issued if the person asking for protection can show that the conduct of the alleged abuser would cause emotional distress to a reasonable person.

After a hearing has taken place, a permanent restraining order may be issued if a judge determines the alleged victim requires extended protection. At the hearing, the judge will hear from both parties in order to establish whether a PRO is warranted. If the judge does not specify the terminate date, the PRO will typically last for three years. However, based on the judge’s discretion, the restraining order be issued for shorter than three years and can also last up to five years. The protected individual can ask for the renewal of the order during its last three months. If issued, the restrained person will be required to:

  • Refrain from having any contact with the protected person(s)
  • Leave home and find a new residence
  • Pay the attorney’s fees of the party requesting the restraining order
  • Maintain a specified distance from the protected person(s), and
  • Turn in any weapons they possess and not to acquire any new ones

Call San Diego Restraining Order Attorney to Defend You

Restraining orders are designed to keep victims safe by setting limitations on a person’s conduct. However, this doesn’t mean that they are always warranted. Some are based on unfounded allegations by individuals who want to use the injunctions for their own selfish benefits. If you’ve been served with a restraining order, or if you’ve been charged with violating one, the quality of your legal representation can make all the difference in your case. Moreover, with the short time it takes for a restraining order to go into effect, you should not take chances when it comes to your choice of an attorney.

 The law offices of San Diego Restraining Order Attorney specializes in defending individuals who feel victimized by unjust restraining orders or those charged with violating a restraining order. We have the skills, resources, and experience necessary to navigate the complicated process and get the best possible results for our clients. Some of the things we can do for you include:

  • Fighting the allegations and telling your side of the story to get the restraining order lifted
  • Negotiate modifications of the order and have it reduced to a no negative contact order
  • Schedule a hearing to defend against the issuance of a permanent restraining order
  • Appeal a restraining order it is was based on falsified information or was granted improperly.

Call us our office at (619) 728-6293 or contact us online for a free consultation about your legal rights and options.

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