Encinitas Domestic Violence Restraining Order Attorney

There is no excuse for domestic violence. Too many Californians are terrorized and injured by people in their homes, including romantic partners and spouses. Fortunately, California law allows anyone being abused to seek a domestic violence restraining order against a family member or romantic partner.

Call our firm today if you fear abuse or are picking up the pieces after an attack. Our family law and domestic violence law firm can immediately seek a temporary restraining order to protect you. Many victims of domestic violence fear reprisal if their partner or family member finds out about their plans.

We offer private consultations with an Encinitas domestic violence restraining order attorney in a safe setting. We will never share your private information or concerns. Our team has a deep understanding of San Diego domestic violence laws and can guide you through the legal process with compassion.

What is a Restraining Order?

A judge issues a restraining order to demand that a person stop doing something. In the domestic violence context, a judge can issue an order compelling an abuser to:

• Avoid contact with the victim (no contact order)
• Stay a certain distance away from a victim;
• Avoid making threats or stalking;
• Vacate a shared residence;
• Turn over possession of any firearms to the police.

These are valid orders that empower the police to arrest the abuser for violating any condition. Criminal charges and even contempt of court are possible results. California makes many types of restraining orders available. Understanding your legal options can help you take action quickly to protect yourself and your children.

You can seek a Domestic Violence Restraining Order (DVRO) against:

• Your spouse
• Your boyfriend or girlfriend
• Someone you had a child with
• Someone you have lived with
• A relation by blood or marriage

Civil harassment restraining orders are available if you need protection from someone who does not fit these categories, such as a neighbor or coworker. A civil harassment order can protect you from threats, stalking, or violence from someone outside a close relationship or dating relationship.

What is Domestic Violence?

Domestic violence isn’t always physical abuse or threats. It includes a wider variety of violence and abuse, including emotional abuse, sexual abuse, verbal abuse, and mental abuse. We help our clients seek a DVRO against an abuser who causes violence, abuse, or threats of violence or abuse, which can include:

• Battering or striking you;
• Causing or trying to cause bodily injury;
• Sexual assault, such as rape;
• Stalking
• Causing you to fear immediate bodily harm;
• Destroying your property;
• Exercising controlling behavior.

The law is expansive, and you can seek a DVRO for all sorts of conduct that falls short of rape or physical assault. For example, you can also request a DVRO if your abuser tries to limit your freedom unreasonably:

• Hiding your medicine or birth control;
• Denying you food or other necessities;
• Monitoring your movements or phone communications;
• Interfering with your use of birth control;
• Isolating you from friends and family;
• Threatening to call the police and report you as an immigrant.

Financial abuse is another form of domestic violence that can constitute domestic violence under California law. This includes controlling all money, preventing you from working, or refusing to let you access bank accounts. Unsure if you qualify for a DVRO? Call our Encinitas domestic violence attorneys today. Our family law attorneys have substantial experience gathering evidence to prove domestic violence.

Understanding the Types of Restraining Orders

California offers several types of civil restraining orders to protect people from harm. A domestic violence restraining order protects you from a current or former spouse, dating partner, or family member. A civil harassment restraining order protects you from someone you do not have a close relationship with, such as a neighbor or acquaintance. Each type of protective order has specific requirements and protections under the Penal Code.

The restrained party must follow all conditions of the order or face serious consequences. Firearm restrictions prevent the restrained individual from owning or possessing guns. The protected party can call the police if the restrained party comes within a certain distance or makes contact. Both temporary and permanent restraining orders carry the same weight while in effect and can include child custody arrangements.

How Long Will Your Restraining Order Last? (Temporary v. Permanent Orders)

The duration of the DVRO will depend on the type you received:

• Temporary restraining order. A domestic violence victim can request a temporary order “ex parte,” meaning that no hearing is necessary. Instead, a judge grants a temporary restraining order on the strength of the victim’s affidavit. However, the temporary DVRO will only last until your abuser has a chance to respond to the allegations, which is usually a matter of a few weeks.
• Permanent restraining order. A judge can enter a permanent restraining order after a hearing where your abuser has a chance to present their version of events. A permanent restraining order can last up to five years.

Although a temporary DVRO lasts only a few weeks, it is fully valid while in effect. That means you can call the police if your abuser contacts you or violates the order in some other way. The legal process for obtaining either type of order requires filing paperwork with the family court and serving the other party.

Are You Being Abused? Here Are Your First Steps

Extricating yourself from an abusive situation might be hard. Some people are dependent on an abusive spouse or family member for financial support, or else they fear reprisal.

We recommend the following steps:

1. Get to safety. Protecting yourself and your children usually means getting away from your abuser. Drive to a shelter or a friend’s house, but expect an abuser to track you down if you stay with someone they know. Safety might involve calling the police during an abusive incident. The police can request an emergency restraining order for you.
2. Document the abuse. When your situation stabilizes, try to document the violence, including photographs of any bruises or lacerations. Go to the hospital for diagnosis of any soft-tissue injuries or fractures. Also, write down the names of witnesses to any attack. They might not want to be involved now, but you could lean on them later to support your request for a permanent order. Strong evidence can make a significant difference in domestic violence cases.
3. Speak with an experienced attorney. Although you can go to the courthouse and request a restraining order by yourself, a lawyer provides many benefits. We can fill out forms for you and discuss whether you want or need emergency custody and child support. An experienced lawyer understands the unique circumstances of each case and can provide legal counsel throughout the process.

These are critical first steps. Our firm can provide extra guidance to help you consider options. We have handled San Diego domestic violence cases for years and know how to build a compelling case for protection.

The Role of Law Enforcement in Domestic Violence Prevention

Law enforcement plays a key role in domestic violence prevention and the enforcement of restraining orders. Police can arrest someone who violates a restraining order and may file a domestic violence charge or domestic battery charge. Under the Domestic Violence Prevention Act and California Penal Code sections, officers must respond to domestic violence calls and can help the person seeking protection obtain an emergency order.

If you call the police during an incident, they will document what happened and may arrest the abuser if there is evidence of physical harm or a credible threat. Their report becomes important evidence for your case. Police can also explain the legal process and direct you to resources in San Diego County.

The Importance of the Hearing

A judge will not grant a permanent DVRO until an abuser has an opportunity to tell their side of the story. The hearing is their chance to come in and either deny the violence or somehow justify it. Griffith Young realizes the importance of the hearing.

A judge does not have a thumb on the scale for either side but will objectively review the evidence. It’s up to the person requesting a permanent order, you, to show why one is necessary. Often, an abuser claims self-defense, alleging they only struck you because you attacked first.

In other situations, they minimize any stalking or controlling behavior, claiming you are hallucinating. Evidence is critical. Although a judge might grant a temporary DVRO based solely on your testimony, you have a higher hurdle to clear in the hearing for a permanent DVRO. The court hearing gives both the protected party and the restrained party a chance to present evidence and testimony.

Let’s connect and discuss what evidence is useful. Our team can help you prepare for court and know what family court judges in San Diego look for in domestic violence restraining order proceedings.

Griffith Young Can Protect You

At Griffith Young, our Encinitas domestic violence lawyers understand the importance of accessing the justice system. We make ourselves available at any time to talk with victims. You can schedule a same-day appointment and ask an experienced attorney for help obtaining a domestic violence restraining order.

We can even come to you if that is safer. Domestic violence touches everyone in California, regardless of their economic status, nationality, gender, race, age, religion, or sexual orientation. We know that there is no excuse for violence and controlling behavior, and we offer compassionate, non-judgmental legal services.

Our firm also recognizes that everyone leaves a violent situation in their own way. Some people experience regular violence but are trying to come up with a plan for leaving, while other clients have called us from the road or a shelter. Our firm can swing into action to help get a DVRO. We provide legal representation with an exclusive focus on protecting your safety and future.

Emergency Custody & Support Orders

Many of our clients have children with their abuser, so leaving is always complicated. However, you can seek custody and support orders along with your DVRO.

• Custody. We can ask a judge to grant you emergency custody, which means you can legally leave with your children.
• Child support. A judge can also grant you child support.
• Spousal support. We can even ask a judge for spousal support as part of your restraining order request.
• Move out of order. A judge can order the abuser to leave the house.

These orders can help you get away from an abusive relationship and try to stabilize your situation. We can also seek a DVRO when applying for divorce, although you do not have to file for divorce to obtain a restraining order. A court order can provide the protection you need while you plan your next steps.

How Domestic Violence Impacts a Divorce in Encinitas

Domestic violence will certainly impact a divorce in California. Judges consider a history of domestic violence in all sorts of situations, including:

• Child custody. An abuser will not receive custody or visitation. Any visitation is probably supervised. In domestic violence cases, the court prioritizes the safety of children and may order supervised visitation or deny visitation rights entirely to the abusive parent.
• Spousal support. Often, a spouse with lower earning power requests spousal support payments from a higher-earning spouse. Domestic violence is a factor judges should consider. For example, a judge might be more likely to deny support to an abuser. The court considers the history of domestic abuse when making decisions about family law matters.

Domestic Violence FAQs

Do I need a lawyer to request a DVRO?

No, you can go to the courthouse and speak to a clerk, who can help you fill out paperwork to request a DVRO. The sheriff will then serve a temporary order on your abuser. However, a lawyer is a big help, and the clerk can’t prepare your case for the hearing. A court clerk can provide forms and basic instructions, but legal counsel can help you present strong evidence and prepare for the court hearing.

Can Griffith Young help with restraining orders?

Yes. We dedicate a significant portion of our practice to helping clients seek legal protection from abuse. We can also discuss emergency custody and support, or whether you want to file for divorce. We handle all types of civil restraining orders and domestic violence restraining order cases throughout San Diego County.

Is domestic violence a crime?

Yes, several laws make domestic violence a crime. For example, Section 243(e)(1) of the California Penal Code criminalizes domestic battery against a co-parent, dating partner, or spouse. A first offense is a misdemeanor that can send the defendant to county jail for a year. However, you can still seek a DVRO regardless of whether the state prosecutes your abuser. Other Penal Code sections address corporal injury, physical abuse, and threats that can result in jail time and lasting consequences for the abuser.

What happens if someone violates a restraining order?

If the restrained party violates a restraining order, they can be arrested and charged with a crime. Violating a protective order can result in jail time, fines, and other penalties. The violation can also affect other family law matters, including child custody and visitation rights. Contact the police immediately if someone violates your order, and document each violation to show the court if needed.

How do I defend against false allegations of domestic violence?

If you are facing false allegations of domestic violence, you need legal representation immediately. False allegations can have lasting consequences, including losing custody of your children and facing a domestic violence charge. An experienced lawyer can help you gather evidence to show the truth and protect your rights. We represent both people seeking restraining orders and those defending against them in San Diego domestic violence cases.

Can I get a restraining order against someone I’m not married to?

Yes. You can get a domestic violence restraining order against intimate partners, dating partners, someone you have a child with, or family members, including parents, siblings, children, grandparents, and in-laws. If the person does not fit these categories, you may qualify for a civil harassment restraining order instead. Both types of orders offer protection, but the requirements differ based on your relationship with the other party.

Will a restraining order affect custody of my children?

Yes. A domestic violence restraining order often includes child custody arrangements. The court will consider the safety of the children and may grant you temporary custody as part of the order. If domestic violence is proven, it can significantly affect permanent custody decisions and may result in supervised visitation or no visitation rights for the abusive parent. Family court judges take domestic violence very seriously when making custody decisions that are closely related to the children’s safety.

Speak with a Domestic Violence Lawyer in Encinitas, CA

California has begun to take domestic violence more seriously, and a restraining order is a good first step to protecting your future. Call Griffith Young today at (858) 345-1720 to speak with an attorney at our office.