Case Results

Domestic violence is handled very seriously and with much sensitivity in Southern California. Victims of domestic violence may seek the protection of a domestic violence restraining order if the victim and the alleged abuser are closely related or in a domestic relationship. This order is designed to protect a person from abuse by a spouse, ex-spouse, fiancée, romantic partner, former dating partner, child, co-parent, parent, individuals that reside or formerly resided together, or family member. Domestic violence may take different forms, including sexual or emotional abuse, physical aggression, psychological actions, economic exploitations, or threats of action. Furthermore, engaging in ay behavior that could be or has been considered as attacking, stalking, molesting, harassing, battering, striking, threatening, property destruction or placing a person in reasonable fear of harm would be sufficient to show domestic violence. Domestic violence restraining orders are often inappropriately used by divorce attorneys as a controlling factor in upcoming child custody hearings, divorce proceedings, or for revenge in cases involving infidelity. Violation of this order can be prosecuted under California PC 136.1 and 136.2. Also, since domestic violence is a criminal activity, the protective order will remain active as long as you’re charged and the case is pending. The order can also be issued as a term of probation if you’re ultimately convicted of domestic violence. In some situations, the protective order can be reduced to a Level One restraining order intended to allow for peaceful contact between the involved parties. DVROs may be sought on a temporary basis. It’s important to note that the process of granting a temporary restraining order (TRO) is quite straightforward since the evidentiary standard is not demanding. The court will typically grant the order provided there’s some reasonable basis for the request. Once a TRO is issued, the court will set a hearing within 21 days to determine if the order should be made permanent. If you’ve been served with a DVRO, don’t delay in reaching out to the San Diego Restraining Order Attorney. We can help guide you through the process of responding to the order and help you avoid any violations. We stand ready to defend your rights and freedom.

There is a major difference between Civil Harassment and Domestic Violence orders. In a domestic violence action, the parties involved must have a close or domestic relationship. This relationship would either be having dated the person alleged abuser, having kids together, being married to the restrained person, having lived with the restrained person, etc. In a civil harassment proceeding, however, such relationships don’t exist. Basically, there’s no close relationship required for one to obtain a civil harassment restraining order. The restrained person can be a distant family member, a roommate, a friend, a neighbor, or any other person who is not closely related to the protected individual. Also, unlike domestic violence restraining orders, which are filed in the Family Law court, requests for a civil harassment restraining orders are filed in the Civil Court House.

Under the Code of Civil Procedure §527.6, civil harassment is essentially any evidence proving that the targeted individual has threatened or harassed the party requesting for the injunction. Actions that may warrant the issuance of a civil harassment restraining order include:

battery, assault, stalking a course of conduct designed to annoy, harass, or vex with no legitimate purpose or a credible threat of violence that places a reasonable individual in fear for their safety. This type of restraining order prohibits the restrained person from following, striking, harassing, annoying, or disturbing the peace of the individual protected by the injunction. The protection may extend to household members. When the protective order is in place, you may not be allowed to contact them or go near their school, their child’s school, home or workplace. Depending on the facts of the case, a civil harassment restraining order may be in effect for up to 5 years.

There’s really no requirement for the restrained person to have engaged in a violent act for the restraining order to be granted. Instead, the conduct must be upsetting enough to cause reasonable emotional distress. As such, a mere argument would not be sufficient to seek a civil harassment restraining order. The petitioner must show that the alleged perpetrator's action may cause irreparable harm or may escalate to violence in the future. Such conduct may be in the form of threatening text messages, phone calls, social media messages or emails.

The standard for the issuance of a civil harassment order is clear and compelling evidence in court. If that threshold is not met, San Diego Restraining Order Attorney can help you defend against a civil harassment restraining order request by filing a response by filing a CH-120 form.

Elderly and dependent adults represent a vulnerable section of the population, making it important to have certain laws to protect them from any sort of abuse. An elder or dependent adult abuse restraining order may be requested by a victim of abuse who is over the age of 65 or between the ages of 18 and 64 and has physical or mental disabilities. There are many forms of abuse that may be directed to elderly and dependent adults. These include:

• Mental or psychological abuse
• Physical abuse
• Neglect or abandonment
• Financial abuse
• Deprivation of basic necessities by a caregiver upon whom the dependent or elderly adult relies

A request for a restraining order may also be brought by an agent, conservator, or power of attorney with authority to represent the abuse victim. The court may grant a TRO (Temporary Restraining Order) on that very day the request is presented or by the next court day. The court will then schedule a hearing to determine whether to issue a permanent restraining order within 21 days of the TRO being granted. The petitioner must present evidence to prove the alleged abuse. Once issued, the restraining order will prohibit the targeted person from going to certain places or owning a gun. They may even be ordered to move out of their homes, especially if they live together with the victim.

If an elder & dependent adult restraining order has been issued against you, we can help you present a convincing argument to show the court that you deserve to have the order modified or lifted.

The workplace shouldn’t be a place that instills fear in employees. Nobody should have to worry about their safety and in the same measure; nobody should be wrongfully or falsely accused of workplace violence. A workplace restraining order may be requested by an employer for an employee who has been the victim of violence, harassment, threat, or stalking from another person in the workplace. California law allows courts to grant this type of order for the protection of workers, volunteers engaged in work-related activities, and independent contractors to guard employees against such risks. Courts have the authority to order an alleged abuser not to possess a gun, contact or go near the employee, or threaten or harass the employee.

In California, a workplace violence restraining order can only be requested by an employer on behalf of an employee who needs protection from another person in the workplace. This means employees themselves may not request a workplace restraining order. Instead, he/she would have to request a civil harassment restraining order or domestic violence restraining order, based on his/her relationship with the abuser, stalker, or harasser.

For this restraining order to be granted, the employer must demonstrate that the worker has actually been subjected to criminal violence or a reasonable threat of violence. These acts should be reasonably construed to have taken place at the victim’s working place. A credible threat of violence refers to the deliberate act of uttering words or doing something in a manner that would make any reasonable person fear for their safety. The behavior must not be allowed as part of a labor dispute, and the accused abuser must not be engaging in an activity that is constitutionally protected. Once issued, the workplace violence restraining order may be in effect for weeks or up to three years, depending on the specific circumstances. In some cases, the order may also protect family and members of the employee’s household if they are considered to be at risk of harm.

If you or someone close to you believe that a workplace violence restraining order has unjustly been issued against you, San Diego Restraining Order Attorney can help. We can exhaustively go through the documents filed by the petitioner and scrutinize for any indecorous statements or ambiguous evidence in order to develop a viable legal strategy.