Domestic Violence and Temporary Restraining Orders

According to terms defined by family law San Diego attorneys explain that domestic violence is about one person getting and keeping power and control over another person in an intimate relationship. Domestic violence exists in any relationship (e.g., where people live or have lived together and/or are family members or sexual partners) where one person threatens/inflicts another person with physical or sexual harm or emotional harassment, violates their personal sense of space or peace, or destroys personal property.

San Diego Family Law Experts Say DV Affects Everyone, Including Children

Domestic violence specifically includes child abuse or neglect, both directed at the child or witnessed by the child. All abuse against children is extremely damaging whether it is mental, physical, or sexual abuse or whether it amounts to neglect.

Domestic violence or abuse can include and are not limited to: verbal or written abuse, any kind of physical violence, coerced or forced sexual behavior or acts, psychological or emotional abuse, and stalking someone in person, over the phone, or through the Internet.

If you or your children are a victim of domestic violence, a caring, experienced San Diego family law attorney can help you obtain a "Move-Out" or “Temporary Restraining Order” (TRO). A restraining order may direct the abuser not to approach you and your child(ren), your home, work, vehicle, and the child(ren’s) school and daycare facility. It may also prohibit a person from making any efforts whatsoever to communicate with you, directly or indirectly.

A move-out order is a court order that evicts the abuser from the family home. Generally, the Sheriff’s Department serves the papers on the abuser and orders him/her to leave the premises. A domestic violence restraining order is a court order that protects you and your child(ren) from being abused by another person. You will have to go to court to prove your domestic violence case, and it is important to have an attorney who can represent your best interests. A competent attorney can make sure you are prepared for the hearing and have timely presented to the court any and all corroborating evidence.

Once a restraining order is issued, only the judge is authorized to revise or terminate the order. The TRO usually lasts until the next scheduled court hearing, during which time the judge will rule whether to continue or terminate the restraining order. If the person who is restrained violates the order, they can be charged with committing a crime.

Time is of the essence when seeking a domestic violence restraining order. In all domestic violence matters, San Diego family lawyers work hard to resolve such very personal and often painful legal matters as quickly and sensitively as possible.