San Diego Domestic Violence Attorneys

We Stand Up to Protect You

If you are currently in an abusive relationship or know someone who is, consider contacting the National Domestic Violence Hotline. Remember that your search and call history can be viewed by anyone with access to your computer or phone. Prioritize your safety.

Do you want to get a domestic violence restraining order in San Diego, but don’t know where to begin? You can count on our San Diego domestic violence lawyers of Bremer Whyte Brown & O'Meara for efficient legal counsel that understands the need for confidentiality and urgency in your situation. 

We are always standing by to hear from people who need help protecting themselves from an abusive partner, roommate, or family member. You can also use our counsel to guide you through any family law matters that could be influenced by an accusation of domestic violence, such as child custody cases.

Call (949) 229-8546 or contact us online to learn how we can help protect you and your rights. Either option allows you to speak with our legal team confidentially.

Domestic Violence Restraining Orders in California

If you are experiencing abuse, our team can help you determine which type of restraining order is appropriate for your situation and file it with the correct court. In most cases, the right option is a domestic violence restraining order. 

A domestic violence restraining order in California may be requested against:

• A current or former spouse, fiancé, dating partner, or intimate partner
• Family members or relatives, including parents, grandparents, siblings, in-laws, and children
• Someone who has abused your children

It’s important to understand that abuse can take many forms – not only physical harm, but also emotional, psychological, sexual, or financial abuse.  Abuse may occur in person, through electronic communication, or even online. If you’re unsure whether your situation qualifies for a domestic violence restraining order, we encourage you to reach out to our office. We can review the facts of your case, explain your options, and guide you through the process of seeking protection. 

Domestic Violence Restraining Order Restrictions

If a judge approves your restraining order, it can include orders to:

• No longer contact you in any way
• Not harass, stalk, threaten, or otherwise harm you
• Stay a specific distance away from you whenever possible
• Move to a new residence away from you
• Surrender all firearms and weaponry to the police
• Pay spousal support and/or child support

Not sure if a restraining order can help you in the way you need? Don’t leave it up to guesswork. Discuss your options with our team today.

How Long Do Restraining Orders Last?

Domestic Violence Restraining Orders in family court in California begin as temporary restraining orders. Such temporary orders are usually in place for about 2 to 4 weeks until a hearing before the court can be held. At the hearing, the judge will decide if the domestic violence restraining order should be granted, modified, or dismissed.  

If a restraining order is granted, it will usually be in place for one to five years.  The amount will vary based on the circumstances. If you do not request to renew your restraining order before the end date, then the restraining order will expire on the end date and no longer be in place and active. 

Can Restraining Orders Affect Family Law or Divorce Cases?

Yes. A domestic violence restraining order can have a major impact on your divorce or other family law matters. Courts take the existence of a restraining order seriously, particularly when issues of child custody and visitation are involved. 

If there is a history of abuse or violent behavior, the court may limit the restrained parent’s access to the children, such as requiring supervised visitation until they can demonstrate that it is safe and appropriate for them to have unsupervised time. In some cases, a restraining order can also influence spousal support and the overall timeline of a divorce case. 

Responding to Domestic Violence Restraining Orders

Sometimes, restraining orders can feel too restrictive. In other cases, the argument can be made that a restraining order was issued based on false pretenses or incomplete information. When this happens, it’s important to gather all the evidence so that you can contest the issuance of a restraining order at the hearing.

Were you served with either of these forms?

• DV-110
• DV-109

If you received either of these forms, a judge has granted a temporary restraining order against you. If you think it is unjustified or have any questions about how you should respond, you can call (949) 229-8546 to connect with Bremer Whyte Brown & O'Meara in San Diego. 

Have Questions? Get Answers by Calling Now

Bremer Whyte Brown & O'Meara and our San Diego domestic violence attorneys are standing by to help you understand and use a domestic violence restraining order. If you have been harmed (including emotional abuse) or put in danger by your spouse or another family member, we want to hear from you. Our initial consultations are confidential. Explore your options with compassionate counsel today.

Contact us online or dial (949) 229-8546 to learn more about domestic violence restraining orders in San Diego, California.