Domestic Violence Restraining Orders Attorneys


Domestic Violence Restraining Orders Lawyers

An extremely serious aspect of our divorce and custody practice is restraining orders, technically “protection orders,” as per statute. Of major importance to our attorneys is the fact that restraining order cases involve either protection of a party or children from violence, or the threat of violence, or defending a person who can have his or her fundamental rights impacted should a restraining order be wrongly granted. Restraining order cases come with their own sets of intricacies and rules, which our attorneys have ascertained in furtherance of serving our clients’ safety or liberty needs.

Restraining orders can be issued in municipal, county, and district courts in California. They can be for the protection of an adult, a child, or both. Custody cases and divorces are handled at the district court level. Our lawyers will handle restraining order cases in any of the different courts. It is not that uncommon to have a restraining order filed in a divorce or custody case, generally at the beginning. The outcome of that facet of the case can have lasting ramifications for both parties, particularly related to custody and decision making. Thus, protection order cases are highly important.

The standard for issuance of a protection order is generally imminent harm, or the threat thereof. Restraining orders can be issued to prevent assaults, threats of bodily harm, domestic abuse, emotional abuse of the elderly or at-risk adults, and stalking. As our practice deals with family related issues, our lawyers generally see protection order cases related to domestic violence or abuse of a child. We take domestic violence and child abuse very seriously. No person, adult or child, should be subjected to physical harm or threats, period. Restraining orders have evolved over the years to include language regarding the accused continuing to pay bills or other financial support obligations while the order is in place. The changes in the law are in recognition of the fact that domestic violence can take many forms, including that of financial control.

We also defend against protection orders. The restraining order process entails the protected person initially going before the court to seek a temporary order. The temporary order will indicate a return date on which there will be an evidentiary hearing to determine whether the restraining order will be made permanent. Though many allegations have merit, it is unfortunately not uncommon to see people falsely accused of violence or for temporary protection orders to be issued on shaky grounds. If served with a restraining order, your world can be turned upside down instantly, including being removed from your home and children.