San Diego Restraining Order Lawyer

Protecting You & Your Family in 4S Ranch, Del Sur, Rancho Bernardo, Carmel Mountain, San Marcos, Carlsbad, Escondido, & 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 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. 

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 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.

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 possess 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

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. 

(858) 800-2991

10815 Rancho Bernardo Rd, Ste 205

San Diego, CA 92127

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