Divorce & Restraining Orders in Family Law
Divorce can be messy. In fact, the process can be so messy that it requires one party to seek a family law restraining order. By working with a reputable divorce and order of protection lawyer in San Diego, you can fight for your future and protect yourself.
Whether you want to know how to get a restraining order in San Diego, or someone is filing one against you, it is very important to work with a San Diego attorney that has knowledge of both domestic violence restraining orders and civil harassment restraining orders. You need an experienced lawyer in your corner, and the Law Offices of Michael C. MacNeil can help.
Who Can Get Restraining Orders?
Not everyone is eligible for a family law restraining order. For you to be eligible for such an order, your situation needs to meet certain requirements.
The purpose of a restraining order is to prevent repeat abuse from happening by the same attacker. But before you decide to hire an order of protection lawyer, you may want to understand the definition of abuse in the eyes of the law. Abuse that merits a family law restraining order is defined as any one of the following:
- Purposefully or recklessly causing or trying to cause physical injury
- Sexual assault
- Making someone fear that they will be imminently experience physical harm
- Battering, molesting, hitting, harassing, stalking, or destroying property
What is the Nature of Your Relationship with the Other Party?
If the act or acts of violence are towards someone other than an individual with whom you have a close personal relationship, then you should look into how to get a restraining order in San Diego that doesn’t involve domestic violence.
However, if you had or currently have a close relationship with the attacker, you need a family law restraining order. This is also known as a domestic violence restraining order. Typically, the relationship involves marriage, dating, having a child together, being related, or living together.
What’s the Cost of a Restraining Order in San Diego?
In San Diego, there’s no fee to apply for a domestic violence restraining order. However, there’s no guarantee that your order will be granted. For the best results, you should work with an experienced attorney.
In that case, there will be some fees associated with your family law restraining order. But your safety is worth the fees. Your lawyer will handle the paperwork and represent you in a hearing. Typically, the other party will try to fight the order. With an order of protection lawyer, you can fight to have the order enforced.
Of course, there are situations in which the order is unwarranted. To fight an unfair order, you need an attorney to stand up for you in court. This comes at a cost, but it prevents you from suffering from a severe injustice. A lawyer who knows how to get a restraining order in San Diego could help.
Family Law Restraining Order: What You Should Know
Whether you are fighting or seeking a restraining order, there are a few things you should know. A lack of knowledge could hurt your case or leave you unprepared for the battle ahead of you. Meanwhile, being prepared reduces your stress and enhances your chances of success.
What Does a Restraining Order Include?
Your restraining order could include several different terms. For instance, it may include the following:
- Restrictions on personal conduct
- Orders to stay away from certain locations
- Child custody changes
- Orders to be removed from a residence
- Child visitation limitations
Timeline for a Family Law Restraining Order
Before a permanent protective order is issued, an order of protection lawyer will seek a temporary order. In many cases, this is a rapid process. The accused is served with the order and must comply with it. If they fail to do so, there are consequences.
A temporary order only lasts for a short period of time. However, the order will last until there is a hearing. During the hearing, a judge will decide if there should be a family law restraining order.
Contact Us and Learn How to Get a Restraining Order in San Diego
As your San Diego attorney, I can explain the difference between domestic violence restraining orders and civil harassment restraining orders. This gives you the best defense against a pending restraining order or one you may need to file for child custody.
When dealing with family law, call a trusted San Diego attorney that has experience in divorce, child custody proceedings, family law restraining order processes, and more. I have that experience, and it could be the key to your success.
You only get one chance to make your first impression on a judge. To make the best possible impression, you need an attorney with time, skill, and expertise. Contact the Law Offices of Michael C. MacNeil today for a consultation and let’s get started.