There are a variety of circumstances related to California family law where a person may seek a temporary, renewed, or permanent restraining order against another, or where someone against whom a restraining order is either sought or is in place might seek to avoid or lift that restraining order. For example, a court may issue restraining orders in any of the circumstances listed below. A San Diego Restraining Order Attorney would be able to help:
- Where one party is seeking to remove a child from the state
- Where one party has committed or is threatening to commit domestic violence against a spouse, family member, housemate or other person
- Where one party is not following the requirements of a divorce order, e.g. not paying child support or not observing visitation or custody limitations set by the court
At the Law Offices of Andy Cook in San Diego, we help people through the process of either seeking or avoiding a current or future restraining order while ensuring that the rights and interests of the parties and those of their children are preserved and protected now and into the future.
Emergency Protective Orders in California
If a person is presently experiencing or fearing domestic violence, that person may call the police, and the police can obtain an emergency protective order at any time, 24 hours a day, to protect a victim or potential victim from domestic violence. Domestic violence includes not only physical injury, but also the threat of physical injury and emotional and psychological injury, whether it is directed at the person seeking the order or someone close to them.
Temporary Restraining Orders in California
A person may go to court to obtain a temporary restraining order to prevent another party (including a spouse, former spouse, family member, former or current housemate, former or current dating partner, and others) from harming or threatening them, including entering the person’s property or contacting them. A court can grant a temporary restraining order without requiring the party against whom the order is sought to appear in court or even know about the request for the restraining order. To obtain a temporary restraining order, a person will need to properly fill out and file court documents that justify the court granting the temporary restraining order. If the court grants the temporary restraining order, the person who obtained the order will need to have that order served on the party to be restrained by the order.
If you have been served with a temporary restraining order, it is critical that you comply with the requirements of the order, including providing any required responses to the order such as attending a hearing. Failure to comply with a temporary restraining order, even where you had no notice of the order prior to receiving it, can result in severe consequences under California law, including jail time.
Renewal of Restraining Orders and Permanent Restraining Orders in CA
After a temporary restraining order is issued by a California court, the court may set a time for a court hearing at which the court can hear evidence from both parties and determine whether or not to renew the temporary restraining order and/or convert it into a permanent restraining order. As part of this process, the court may also issue orders relating to child custody and visitation and child support payments, and the effects of the court’s decision in the hearing may have a significant impact on the rights and responsibilities of the parties involved and their children for many years to come. Both parties are strongly advised to be well prepared for this hearing and to make sure that their interests and those of their children are represented before the judge who will make the decisions regarding the renewed and/or permanent orders. As with temporary restraining orders, failure to comply with a renewed and/or permanent restraining order can bring about severe civil and criminal consequences.
Seek Legal Representation with a San Diego Restraining Order Attorney
Given the lasting effects of restraining orders and the vast discretion of the judge in issuing both temporary, renewed, and permanent restraining orders, it is essential to be well-represented by experienced family law attorneys who can prepare and present a persuasive case that argues for your interests in a compelling fashion. The lawyers at the Law Offices of Andy Cook possess the knowledge, skills and abilities necessary to provide you with the representation you need in this critical area.
