Guide to Domestic Violence Restraining Orders in San Diego

When you’re being physically mistreated by your partner, it may be time to consider seeking outside help to protect yourself by pursuing a domestic violence restraining order.

Alternatively, perhaps your significant other has threatened you with a restraining order for allegations of abuse. The resulting uncertainty and panic is natural, and it’s important to know what your legal options are in securing a reliable defense.

Either way, you’re not alone. Between two million and three million temporary restraining orders are issued every year in the United States. Such orders direct abusers to quit harming their victims and to avoid going near their homes and workplaces.

The question is, how exactly do you go about securing this type of order? Or, what do you do if someone files this type of order against you?

Here’s a rundown on everything you need to know about how domestic violence restraining orders are handled in San Diego.

Reasons for Obtaining a Domestic Violence Restraining Order

Domestic abuse is a broad category that includes any threatened or actual physical, psychological, verbal, or emotional abuse that a person commits against a family member or significant other. You don’t have to suffer assault or physical injuries to be viewed as an abuse victim in the California legal system.

In addition, your abuser doesn’t necessarily have to be someone you are currently married to or living with. Instead, your abuser could also be a former domestic partner or spouse; a former or current cohabitant; or a former or current dating partner, fiancé, or fiancée. The abuser may additionally be the father or mother of your child, as well as an in-law, grandchild, grandparent, or sibling.

Process for Obtaining a Domestic Violence Restraining Order

If you are a domestic violence victim, you may request this type of order in a civil court, asking for protection against your abuser. You should provide several details about the abuse incident, including when it occurred.

The request should be filed in the location where your domestic violence incident occurred or where your abuser resides. Although you don’t have to hire an attorney to file the order, enlisting the help of a criminal law attorney may make the process easier for you.

Process for Responding to a Domestic Violence Restraining Order

Have you received notice that a restraining order has been filed against you? In this situation, you should carefully review all of the terms of the order. If you choose to hire a San Diego criminal defense lawyer to guide and represent you, he or she can go over the order with you as well.

If the issued restraining order specifies that you cannot contact or communicate with the alleged victim, this means you cannot try to contact that party through a family member or friend. If you attempt to use third parties to pass messages onto the reported victim, you will violate your order. Likewise, if you accept his or her invitation to talk or meet up, then you violate your order. Violating this type of order comes with strict consequences (more on this later).

In addition to reviewing the order, you’ll need to go to a post-notice restraining order hearing. This hearing typically takes place a few weeks after the order’s original filing. Although you don’t have to attend the hearing, the judge will likely go ahead and grant the restraining order if you don’t. During the hearing, your attorney or you can present testimony and evidence to dispute your alleged victim’s allegations. Evidence from commercial-grade home security cameras may prove handy at this stage.

If the reported victim’s restraining order request ends up being granted, the order should mention the length of time during which it will be in effect. If no date is included, the restraining order will end in three years.

Penalties for Not Complying with a Domestic Violence Restraining Order

Although restraining orders are civil orders, violating these orders (a misdemeanor) may lead to criminal penalties, such as fines and jail time. Specifically, you could face a year behind bars as well as a thousand-dollar fine. In addition, if your alleged victim suffers physical injuries, you might be sentenced to at least 30 days in jail.

If you repeatedly violate the restraining order, you will be charged with a felony. The penalty for this is three years behind prison bars and a fine of $10,000.

Protect Your Best Interests with the Help of a Domestic Violence Restraining Order Today

Whether you have been domestically abused or are accused of domestic abuse, you may understandably be concerned about your future. Fortunately, you don’t have to handle this situation alone. An attorney can help you to properly request a restraining order as soon as possible, or an attorney can help you to protect your legal best interests if a restraining order has been filed against you.

Consider the above-listed guidelines for domestic violence restraining orders as you navigate the process of getting one or responding to one with an attorney’s support in the months ahead.