Domestic Violence Restraining Orders


Domestic Violence Restraining Orders

Restraining Orders are designed to address domestic violence between family members, spouses, boyfriends and girlfriends. The Temporary Restraining Order is meant to stop violence from escalating or to prevent an assault. If you are living with the abuser, it gives police the authority they need to remove the person from your home for a period of time. In granting the Restraining Order, the court may order that the offender have no contact with the victim or children. A Temporary Restraining Order lasts until a hearing can be held usually within two to four weeks. You can turn to Panagopoulos Embry P.C. with confidence because our San Diego Family Law attorneys understand what is necessary to obtain a Temporary Restraining Order quickly so you and your children will be safe.

Under the Domestic Violence Prevention Act, abuse is defined as any of the following:

  1. Intentionally or recklessly causing or attempting to cause bodily injury.
  2. Sexual assault.
  3. Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  4. Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party.

To obtain a Domestic Violence Restraining Order you MUST have, or have had, a close personal relationship with the party you are asking to have restrained. Under the law, a relationship is defined as “close” if at least one of the following is true:

  • You are married or were formerly married to the other party.
  • You have or formerly had an engagement or dating relationship with the other party.
  • You and the other party have a child or children together.
  • You are related to the other party by blood, marriage or adoption, e.g., (mother, father, in-laws, siblings, adult children).
  • You and the other party are living together, or formerly lived together, as members of a “household.”

The act(s) of abuse/violence must be recent, within the last 30 days.

The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay away from the victim’s home/work and/or children’s school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders.

The system is not perfect. It is possible for Restraining Orders to be misused. However, it is important to note that a falsely obtained Restraining Order can have devastating effects regarding custody in a divorce. If you are not sure that you have legal reasons for obtaining a Restraining Order, our San Diego Family Law attorneys will be able to help you make that determination.