San Diego Domestic Violence Attorneys

What Is Domestic Violence?

Domestic violence is a pattern of abusive behavior used by a person to gain or maintain control over a partner or family member. Under California law, domestic violencecan occur between spouses, former spouses, dating partners, engaged couples, cohabitants, or close family members. Domestic abuse can be physical, emotional, psychological, sexual, or financial in nature. This behavior can build gradually over time or escalate suddenly and is often rooted in a desire for power and control rather than a single moment of conflict. 

Types of Domestic Violence Cases We Handle

Domestic abuse can take many forms, and not all of them involve physical contact. Our San Diego domestic violence attorneys at Bremer Whyte Brown & O'Meara represent clients across the full range of abuse cases recognized under California law, whether you are seeking protection or responding to allegations made against you. 

Physical abuse: Hitting, pushing, choking, kicking, restraining, or any other action that causes bodily harm or puts you in fear of harm.

Emotional and psychological abuse: Repeated threats, intimidation, name calling, or manipulation intended to control or demean you, including behavior meant to make you doubt your own perception of events.

Financial abuse: Controlling access to money, bank accounts, or employment in order to limit your independence.

Sexual abuse: Any unwanted sexual contact or coercive control,including situations where consent cannot legally be given.

Digital abuse and stalking: Harassment, threats, or monitoring through phone calls, text messages, email, or social media, including tracking your location without consent.

Social isolation: Deliberately cutting you off from friends, family, or other sources of support.

Domestic Violence Restraining Orders in California

A restraining order is a court order that legally requires one person to stop specific behaviors toward another, such as contact, harassment, or coming within a certain distance of them. If you are experiencing domestic abuse, our team of lawyers specializing in domestic violence can help you determine which type of restraining orderis 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

Protection under California law generally moves through three stages:

Emergency Protective Order (EPO): When police respond to an active domestic violence situation, an officer can request this order on your behalf right at the scene. It offers immediate safety. It only lasts a short time, typically just a few days, so you have time to pursue longer-term protection through the court.

Temporary Domestic Violence Restraining Order (DVTRO): This is the order our office most often helps clients file. A judge can grant it quickly even without the presence of the other party, if the situation calls for urgent protection. It typically stays in effect for about 2 to 4 weeks, until your scheduled court hearing. At this point a hearing decides whether the order should continue.

Permanent Domestic Violence Restraining Order (DVRO): Despite the name, this order is not truly indefinite. If granted at the hearing, it can last up to five years and can be renewed before it expires. Both you and the other party have the right to testify, submit evidence, and bring witnesses at this stage.

If you’re unsure whether your situation qualifies for a domestic violence restraining order, we encourage you to reach out to our office. Our domestic violence restraining order lawyer can review the facts of your case, explain your options, and guide you through the process of seeking protection. 

How to File a Restraining Order

Filing for a domestic violence restraining order requires several steps. Having legal guidance to file a restraining order can help you avoid delays or mistakes that could affect your case.

1. File your Request for a Restraining Order: You will need to complete court forms requesting the order, along with a written statement describing the abuse you have experienced.
2. The judge reviews your request: In most cases, a judge will review a temporary restraining order request without requiring you to appear in person first.
3. The other party is served: Once granted, the temporary order must be formally served on the other party, notifying them of the order and the upcoming hearing.
4. Attend your court hearing: Both sides will have the opportunity to present evidence, submit documents, and testify. The judge decides whether to grant a permanent order after this.
5. Comply with the outcome: If it’s granted, the order must be followed exactly as written. If the restrained party violates any part of it, it can result in criminal charges.

Domestic Violence Restraining Order Restrictions

When a judge approves restraining order you filed, it can include that the restrained person:

• Is prohibited from contacting you directly or indirectly, except as specifically permitted by the court.
• Must not harass, stalk, threaten, intentionally cause any harm to you
• Have to stay a specific distance away from you whenever possible
• Is required to surrender all firearms and weaponry to the police
• Should pay spousal supportand/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.

Call (619) 356-2308or contact us to discuss your case with an experienced San Diego domestic violence lawyer.

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 (619) 356-2308 to connect with Bremer Whyte Brown & O'Meara in San Diego. 

Meet Our San Diego Domestic Violence Attorneys

Our experienced domestic assault attorneys regularly appear before the San Diego Superior Courton domestic violence matters, bringing hands-on experience with case investigation, evidence collection, and court representation to every case we take on. Whether you need someone to advocate for your protection or defend you against an accusation, our team is ready to help.