San Diego Restraining Order Lawyer

Protecting You & Your Family in Del Mar, Rancho Bernardo, Escondido, Carlsbad, Oceanside, & All of San Diego County

Restraining orders issued by family courts are commonly used to protect individuals and their children in cases where domestic violence, civil harassment, or elder abuse has occurred or been threatened. If you have been the victim of abuse, a restraining order provides law enforcement with a critical tool for your protection. On the other hand, if you have been falsely accused of violence and are facing a protection order court hearing, you need to aggressively defend yourself. 

At The Law Offices of Nadine M. Sayegh, we work diligently to protect individuals who are abused as well as those who are falsely accused of such abuse. Since 2011, our firm has been protecting the rights of clients in family law matters and disputes with dedicated and competent legal support. With a Certified Family Law Specialist on board, we put the highest level of legal expertise and skill on your side, both inside the court at hearings and in negotiations with the other party. 

Restraining Orders in California Family Law

California restraining orders, also known as protective orders, have been established under California’s Family Code designed to prevent domestic violence. These orders are often used in divorce and child custody disputes when emotions can run high and heated arguments ensue. However, they are not limited to these situations alone. 

Restraining orders are legal orders issued by a judge created to stop and prevent any type of abuse, harassment, or threats of these types of actions against intimate partners, ex-partners, current or former dating partners, family members, or household members.

If the abuser involved does not fall into the family law relationship definitions, you may still be able to obtain a civil harassment order. Elderly or dependent adults who are abused physically, mentally, or financially or who have been abandoned or deprived of care can also obtain both temporary and final restraining orders against abusers, such as caretakers, regardless of whether the parties are related or not. 

What Does a Restraining Order Do?

Restraining orders can direct or restrict the abuser in various ways, such as the following:

  • Prohibit the abuser from harming or threatening to harm you, your children, or your property; this includes disturbing the peace, stalking, and any type of harassment;
  • Remove the abuser from your shared residence;
  • Prohibit the abuser from making any type of contact with you;
  • Give you exclusive temporary custody rights of your shared children and pets;
  • Remove the abuser’s right to own or possesses firearms;
  • Order the abuser to provide you with child support and/or spousal support;
  • Order the abuser to reimburse you for any expenses resulting from the abuse;
  • Order the abuser to pay your legal fees;
  • Order the abuser to complete a batterer’s intervention/treatment program;
  • Issue any other orders or restrictions pertaining to your case.

A civil harassment restraining order is an order of protection that provides an individual with a legal intervention against someone who is deemed threatening, harassing, or stalking. The goal is to reduce the risk of harm or further threat to the person being harassed. This type of restraining order is typically filed against a person with whom you do not have an intimate or familial relationship. The same is true of elder abuse restraining orders. These orders are designed to protect the abused regardless of whether the abuser is a family relation or not. 

Types of Restraining Orders

Types of restraining orders include the following:

  • Emergency orders. These are issued by judges when alerted by law enforcement after responding to a domestic violence call. These only last for five business days and are ordered to protect you until you can file for a restraining order with the court.
  • Temporary orders. These are filed with the court and protect you until you can go before a judge in a hearing. 
  • Final orders. These are issued after a hearing before the judge in which both you and the other party can present your case. They can be ordered for up to five years or, if no termination date has been set by the judge, for three years from the date of issuance. 
Contact Us Today

Request a confidential consultation with our San Diego restraining order attorney by contacting The Law Offices of Nadine M. Sayegh via our website form or at (858) 834-1499.

“She's a shark in the courtroom and one who you would like to represent you!”

We Are Here To Help

Call us today at 858-834-1499 or fill out our form to schedule a consultation with our experienced, caring and compassionate legal team.

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