Experiencing domestic violence can be a profoundly traumatic and overwhelming ordeal. At Moshtael Family Law, we understand the significant emotional and physical toll such situations can take on you and your loved ones.
In San Diego 60% of DVROs involve physical violence, underscoring the serious threat and immediate danger that many victims face.
Our compassionate legal team is dedicated to providing the necessary support, guidance, and protection to help you through this difficult period.
We are here to ensure you do not have to face this alone, and we will work to secure your safety and peace of mind.
What is a Domestic Violence Restraining Order (DVRO)?
A Domestic Violence Restraining Order (DVRO) is a legal protection issued by a court to safeguard individuals from abuse or threats of abuse by someone with whom they have a close relationship. This relationship can include current or former spouses, cohabitants, dating partners, family members, or anyone else who poses a threat to the individual’s safety.
Filing for a Restraining Order in San Diego
If you are experiencing domestic violence, fill out the Request for Domestic Violence Restraining Order (Form DV-100) along with other required documents, such as the Notice of Court Hearing (Form DV-109) and Temporary Restraining Order (Form DV-110).
File the Forms:
Submit your forms to the court clerk. This process is free of charge. The clerk will provide a date for your court hearing.
Temporary Restraining Order (TRO):
The judge may grant a TRO, providing immediate protection until the hearing date. This order can include provisions such as prohibiting contact, removing the abuser from a shared residence, and temporary child custody arrangements.
Service of Process:
The restrained person must be served with the filed forms and notice of the hearing, as the order is issued based on proper procedure. This can be done by law enforcement, a process server, or anyone over 18 not involved in the case.
Prepare for the Court Hearing:
Collect evidence, such as photos, medical records, police reports, and witness statements. Be ready to present your case to the judge, explaining why a permanent restraining order is necessary.
Court Hearing:
Attend the hearing. The judge in the case will consider both parties’ statements and evidence. Based on the findings, the judge will decide whether to issue a permanent restraining order, which can last up to 5 years.
Advisory When Filing a Restraining Order: Why Choose Us?
With over 185 years of combined experience, Moshtael Family Law offers unparalleled legal advisory services. Our team has successfully managed thousands of cases, providing expert guidance and representation. Our extensive knowledge and proven track record ensure that you receive the best possible legal advice.
Client-Centered Approach
Every client’s situation is unique, and we are committed to providing personalized attention and support. Our compassionate team takes the time to understand your specific needs and concerns, working closely with you to develop tailored legal strategies. We prioritize your well-being and aim to make the process as smooth and stress-free as possible.
Local Knowledge
Our deep familiarity with the San Diego legal landscape gives us a distinct advantage. We know the local courts, judges, and procedural nuances, allowing us to navigate the system effectively. This local expertise enables us to provide strategic and informed legal advice specifically tailored to your case.
Comprehensive Services
At Moshtael Family Law, we offer a wide range of legal advisory services to address various aspects of family law. Whether you need assistance with restraining orders, divorce, child custody, or any other family law matter, our holistic approach ensures that all your legal needs are met with thorough and effective solutions.
Proven Success
Our history of successful case outcomes and satisfied clients speaks volumes about our commitment to excellence. We strive to achieve the best possible results for our clients, and our proven success is a testament to our expertise and dedication. You can trust us to provide reliable and effective advisory services.
Types of Restraining Orders in San Diego
- Emergency Protective Orders (EPO): Frequently used in specific situations, such as when a significant threat is perceived.
- Issued by a judge at the request of law enforcement, valid for up to 7 days to provide immediate protection, and can be issued along with any new evidence presented.
- Temporary Restraining Orders (TRO): Short-term orders are effective until the court hearing.
- Permanent Restraining Orders: Issued after a court hearing, Civil Restraining Orders can last up to 5 years and may be renewed.
How are Restraining Orders Obtained in San Diego?
A person seeking a Restraining Order has two options open to them: (a) they can apply for the Order by going to a court and filling out the paperwork; or (b) they can hire a qualified attorney to accurately complete the filing documentation procedure.
The person must describe the situation in the initial paperwork and mention why their domestic situation is potentially dangerous. A judge will review this statement before determining whether they should issue a TRO (Temporary Restraining Order). The perpetrator doesn’t have to be present for this order to be issued.
The TRO usually lasts for a few weeks, after which there will be a court hearing to decide whether the Permanent Restraining Order (which is limited to five years) should be granted to the applicant. Both parties will present evidence to the court without a jury present. The San Diego family court will decide whether to issue the Restraining Order based on the evidence and arguments of both sides, considering the threat to the involved parties.
What Protections Can You Get with a DVRO in San Diego?
As part of a Domestic Violence Restraining Order, the judge in San Diego may:
- Issue an order prohibiting the abuser from committing any of the following acts against you, your children, and/or your family/household members:
Assault, abuse, threaten, disturb the peace of, follow, destroy the property of, sexually assault, stalk, come within a certain distance of, make contact (directly or indirectly), or harass on a call/by other means. - Order the abuser to vacate the residence you both live in, regardless of whether you own the home or have a tenancy agreement.
- Issue a Restraining Order against the abuser preventing them from possessing/purchasing firearms or ammunition. It may require the abuser to disclose the location and number of ammunition or firearms in their possession and provide instructions on surrendering these items to law enforcement agencies.
- Order the abuser to pay spousal support (if you are married) or child support.
- Award you temporary possession of jointly owned assets, such as a second property, car, computer, and other similar items, through obtaining a Temporary Restraining Order. Additionally, the judge may order the abuser to assume the responsibility of paying outstanding debts associated with these assets during the duration of the Order, especially if a protective order is often issued against them.
- Issue an order mandating the abuser to reimburse you for any lost income or expenses incurred as a direct result of the abuse, including but not limited to medical, dental, shelter, counseling, legal fees, and ambulance costs.
- Order the abuser to pay your legal fees (if their earnings are higher than yours), and you cannot pay your attorney.
- Order the abuser to attend a counseling service like a batterer’s treatment program.
- Order the transfer of joint ownership of a cell phone account into your name exclusively, thereby enabling you to retain your existing wireless telephone number and those of any minors in your custody.
- Grant temporary child custody and visitation to you, which involves determining the children’s residence, assigning decision-making authority, and specifying the nature and conditions of visitation between each parent and the children. This includes but is not limited to, determining the location, duration, and whether or not the visitation will be supervised, particularly in cases involving a domestic violence charge.
Note: Any custody, visitation, or support order made within your DVRO remains effective even at the end of the DVRO. You might want to ask the courts to specifically include this fact in the DVRO to help future enforcement of the Order easier; and - Grant any other request you ask for that the court agrees to.
What to Expect at the Court Hearing
During the court hearing, both you and the restrained person will have the opportunity to present your cases. Be prepared to explain the abuse you have experienced and why you need the order. The judge will review the evidence and testimonies before making a decision.
Consequences of Violating a Restraining Order
Violating a restraining order is a serious offense with significant repercussions, including fines, imprisonment, and additional charges. Both parties must understand and comply with the order’s terms.
Having an experienced attorney can greatly influence the outcome of your case. A lawyer can guide you through the legal process, help you gather necessary evidence, and provide representation in court, ensuring your rights are protected.
What to Do When You and/or Your Children Face Domestic Violence in San Diego?
Domestic violence victims naturally fear for their safety and the safety of their children, especially when the threat pertains to specific cases involving domestic issues.
You should call 911 as soon as possible if domestic violence has occurred. If you or your kids have been threatened or abused, you must seek legal counsel from our trusted San Diego DVRO attorneys who will work towards safeguarding the well-being of you and your children.
It’s always best to get a Restraining Order sooner rather than later. The skilled San Diego restraining order attorneys at Moshtael Family Law will help you file an Emergency Restraining Order request, which is designed to protect victims who fear for their safety. A San Diego judge can typically grant a Temporary Restraining Order within 24 hours.
The Order gives you peace of mind as it prevents the abuser from approaching or visiting a protected place like your home, children’s school, place of work, etc., and causing further harm or danger to your well-being.
If you need a long-term restraining order, our San Diego DVRO lawyers can assist in presenting evidence of abuse and establishing evidence of your well-reasoned fear of continued abuse. If a parent has abused a child, the child’s best interest will be considered under the law. This means that a restraining order can also affect child custody, child support, and visitation.
Implications of a Restraining Order for Child Custody in San Diego
When a San Diego family court issues a Restraining Order after a hearing (also called a Permanent Restraining Order), it presumes that the domestic violence perpetrator should not be granted custody rights over the children.
So, what is the legal significance of this rule in child custody proceedings? If the co-parent files a temporary Restraining Order against you, you must defend against it. Failing to do so can prohibit or significantly reduce your parenting time and visitation with your kids, especially when a protective order is often issued.
Under Family Code 3044, the courts in San Diego must ensure domestic violence perpetrators are not given child custody without specific precautionary measures. Based on this, this presumption is rebuttable. It means that even though there was a finding of domestic violence, the perpetrator can provide evidence to the judge that they have taken necessary steps to ensure a secure and safe environment for the children.
Defendants in these cases in San Diego may have to provide completion proofs of having undergone individual therapy, parenting courses, and a batterer’s intervention course. These are standard ways that can help you overcome the legal presumption and restore your custody or visitation rights.
Can I Get an Order Against the Domestic Violence Perpetrator in San Diego if They Reside in a Different State?
In cases where the applicant and the abuser do not live in the same state, the judge in San Diego may not be able to grant an order because they do not have power (personal jurisdiction) over an abuser residing out of state. Taking this into account, there are some ways a judge can have personal jurisdiction in such cases if you (the victim) are a resident of California:
- The perpetrator has significant links to California. It could be that they frequently visit California to meet you, visit their extended family, or conduct business, or they used to live in California but fled from here recently.
- One of the instances of abuse took place in California. This can be puzzling as the abuser might be in a different state from where they make annoying phone calls/send intimidating text messages. The situation can become intricate because you may be answering their calls or reading their messages from within California.
- The court can determine that the abuse occurred while you were in California. In addition, the abuser was likely within California when they committed the offense, but isn’t in the state any longer.
- Submitting your petition and serving the abuser with the court documents while they are present in California can be an additional means for the court to establish jurisdiction, especially if it is a Civil Restraining Order.
Even if none of the above situations apply to your situation, it doesn’t automatically imply that you can’t get a Restraining Order. If you file a petition, the judge may grant the Order on consent, or they may identify other circumstances that make it possible to grant the Order.
Difference Between Domestic Violence Restraining Order and a Civil Harassment Restraining Order
A Domestic Violence Restraining Order works where the protected party and the accused person have or have had, some form of an intimate relationship. This includes boyfriends, girlfriends, husbands and wives, former intimates, ex-spouses, and anyone who shares intimate relationships while living together. Blood relatives can also apply for a Domestic Violence Restraining Order.
Civil harassment Restraining Orders apply when the parties do not share an intimate relationship. Some examples of this include orders involving roommates and coworkers. It’s also possible to apply a civil harassment Restraining Order to prevent unwelcome attention from an unknown individual.
What Clients Think of Us
“Moshtael Family Law provided exceptional advice and support during a challenging time. Their expertise and dedication gave me the confidence I needed to navigate my case. I highly recommend their services.” – Sarah M.
“The team at Moshtael Family Law was incredibly supportive and knowledgeable. Their personalized approach and deep understanding of the law made all the difference in my case. I am truly grateful for their help.” – John D.
“I can’t thank Moshtael Family Law enough for their expert legal advisory services. Their local knowledge and commitment to my case were invaluable. I highly recommend them to anyone in need of legal support.” – Emily R.
By choosing Moshtael Family Law for your legal advisory needs, you benefit from our extensive experience, personalized approach, local expertise, comprehensive services, and proven success.
FAQS:
If you are in a situation requiring a Domestic Violence Restraining Order, you might have questions and concerns.
Here are some responses to the common inquiries that our attorneys specializing in Restraining Orders frequently receive:
How old do I need to be to get a Restraining Order in San Diego?
By law, you must be at least 14 years old to file a Restraining Order.
What happens if a person violates a Restraining Order?
A Restraining Order violation can result in arrest and jail time.
Does there have to be actual physical abuse for a Restraining Order to be granted?
To obtain a Restraining Order in San Diego, there must be some indication that threatening conduct affected or could potentially harm the person seeking protection. Domestic violence orders typically need evidence of physical and/or psychological or emotional abuse.
Can a person owning firearms subject to a Restraining Order continue possessing firearms?
If a person has a Domestic Violence Restraining Order against them in San Diego, they might have to sell their guns, give them to the police to keep or find some other way to part with them until the Order is in effect. They will also be prevented from buying any more firearms during this period.
Can a Restraining Order in San Diego force a person to leave their own home?
Yes, it’s possible. In a domestic violence case, the Restraining Order might require the accused to leave the home they share with the protected person. While this move can have significant and far-reaching consequences, a judge may issue such an order after reviewing the case details, the severity of the situation, and the evidence provided.
Can a judge in San Diego order the restrained individual to attend classes or receive treatment?
Yes, it’s possible. The judge in a San Diego family court may order a person subject to a Restraining Order to participate in programs, such as short-term anger management courses or longer-term batterer’s intervention sessions (lasting up to 52 weeks), depending on the type of abuse. Parenting classes may also be required in cases where children are involved.
How long do Restraining Orders usually last?
The maximum limit for Restraining Orders is five years; sometimes, it can be three years. Some orders will be measured in months if there are facts to justify them. If the protected person still feels threatened at the Order’s expiration date, they can request an extension of the Restraining Order to stay away from the abuser. A judge can grant an extension even on a 5-year order.
How long does it take on average to obtain a Restraining Order in San Diego?
Once the court receives your Restraining Order application, they have two business days to decide whether to grant your protection request. If the court grants your request, the judge will issue a temporary Restraining Order lasting up to three weeks or until your court hearing. The court will then decide whether to issue a permanent Restraining Order at the hearing.
What Happens When You Are Wrongly Accused of Domestic Violence in San Diego?
There is another side to the Domestic Violence allegation issue, which can be intimidating and complicated all at once. A criminal defense attorney specializing in San Diego County can help navigate the complexities.
Remember that you always have rights if someone has falsely accused you of inflicting domestic violence. Consulting a criminal defense attorney is advisable in such cases. Disputes and anger are expected outcomes of separations, sometimes resulting in unsubstantiated or false accusations.
You have the right to defend yourself if you haven’t committed an offense. Remember that failing to take steps to protect yourself can have adverse consequences, such as the potential loss of visitation rights with your children in the future. At Moshtael Family Law, our seasoned DVRO lawyers are fully equipped to protect your rights in these cases.
Expert Legal Support for Domestic Violence Victims in San Diego
If you are in an abusive relationship, it is crucial to seek legal help and protection. You should never ignore domestic violence, as it can worsen over time and have severe, long-lasting impacts on you and your children. Custody concerns also commonly arise in such situations, which exacerbate the problem, particularly when a criminal protective order is often issued.
At Moshtael Family Law, our San Diego domestic violence attorneys are here to help you. We have over 185 years of combined legal experience in family law and can assist you in obtaining a Restraining Order to protect you and your family or strongly fight any false allegations made against you by the other party.
Domestic violence can happen to anyone, regardless of gender, education, income, or resources. If you are experiencing abuse, please seek help today. Call our restraining order attorneys at 619-639-9898 or get in touch with us online to schedule a free and confidential consultation.
