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Being served with a restraining order can be very stressful and frustrating. They are an extremely serious matter and should not be taken lightly. Get protection now! online or call for a lawyer who can help you find protection from abuse. Call an attorney now at for help with a restraining order. At Family law San Diego, we are here to help you understand any restraining orders that may be involved with your case. Call to schedule your consultation with one of our attorneys.
Pay special attention to the DV form because this is the actual order portion. There are a series of check boxes and pre-printed language on this form. Anything checked or pre-printed is an order. The order is valid and enforceable the moment you are served.
Even if the contact was initiated by the protected party or was consensual, this is still a violation of the restraining order. Take great care in avoiding any contact with the protected party. If they are at already at a location, you must not go to that location. If they arrive at your location for example, the local grocery storeyou should leave that location.
Your children may also be listed as protected parties. If that is the case, you may be restrained from contact with the children either partially or totally. Thus, using friends or relatives or even children as a messenger is a violation of the order. Even if they are not directly your friend, if you have mutual friends, be careful not to inadvertently make contact or third-party contact. During the exchange themselves, consider having a witness present or asking someone else to conduct the exchange. Also, consider exchanging at a neutral and public location, preferably with surveillance cameras.
Consider avoiding exchanges by having them take place at schools. If there is a problem during the exchange, you can contact the police to keep the peace. If there must be written contact about exchanges, consider the use of Our Family Wizard or Talking Parents. Better yet, try to work out exchanges through the attorney or a visitation monitor ahead of time to avoid having to contact the protected party.
Violation of the Order is a Crime: Not only will violation of the temporary order almost guarantee that a permanent restraining order will be granted, violation of the order is also a crime. It is enforceable under the penal code, and a violation is most often charged as a misdemeanor though some cases are charged as a felony.
However, this violation can be charged as a felony. There is a form DV that you must fill out related to firearms. It contains instructions related to appropriate places where you can turn in your firearms while the restraining order is pending. If your job requires that you carry a firearm, you may be granted special consideration.
Be sure that your attorney is made aware of this situation right away. Build A Good Defense: If there is evidence in your favor, including documents, pictures, or witnesses, be sure to let your attorney know right away. Begin gathering evidence to show the incident is isolated if that is true.
If the case involves children, begin gathering evidence about your involvement as a parent. You will want to work on overcoming the presumption that you should not be granted custodyas some attorneys use restraining orders tactically to gain an advantage in custody cases. Consider taking a co-parenting especially a high-conflict centered class and a parenting-skills class.
Also consider individual counseling. Being pro-active about diverting future conflict can show the court that future abuse is unlikely to reoccur. You may also have character witnesses, though limit these to a smallas witnesses who actually perceived the events in question are more relevant and powerful. Hacking s and social media s can be considered abuse. Online harassment via social media or public embarrassment can be considered abuse. This can be because a continuance is granted, the court does not have enough time to hear the matter, or the matter is set for an evidentiary hearing a trial style hearing where witnesses testify, and evidence is formally presented.
Due to the serious consequences associated with a restraining order, an attorney defending the matter will want to be well prepared. Adequate preparation, especially for an evidentiary hearing, takes time. Additionally, an evidentiary hearing is a long hearing. The Responding Party is Entitled to One Continuance: As a matter of right, the party who is responding can ask for a continuance.
This means there is no need to show good cause though it often exists due to the shortened time for the hearing. The protected party does not have the same right. Temporary Orders May Be Modified: If your hearing is going to be continued, you may have the opportunity to make a requested amendment to the restraining order. Moreover, sometimes an attorney can negotiate with the protected party and obtain an amendment. A permanent order is a restraining order issued as a result of a hearing. At the hearing, the court may issue a restraining order for six months, a year, three years, five years, or indefinitely, depending on the circumstances.
Rather, it is a permanent restraining order granted for a set period. The preponderance standard is the lowest burden of proof standard that the court uses. The fees are not mandatory. The court has discretion whether to make an award and how much.
If you request fees, you will have to provide the court with an Income and Expense Declaration form. The court may consider the defense that an award would cause the other party an undue financial hardship. In addition, a criminal conviction of domestic violence creates a rebuttable presumption that the abused party should not have to pay spousal support if within five years of filing divorce. There are even more severe consequences for a spouse criminally convicted of a sexually violent felony against a former spouse which is beyond the scope of this article.
A finding of domestic violence in the past five years also creates a rebuttable presumption that the restrained party should not have t or sole custody physical and legal of minor children. Finally, a restraining order will show up on background check s especially government checks and can negatively affect security clearances.
This may hinder your current or future employment options. A Restraining Order May Be Renewed: Even if no other acts of abuse or violations of the order have taken place since the order was made permanent, the protected party may petition the court to renew the order. Mutual friends and acquaintances may forward your posts. If you are involved with a high conflict person, seek out help and resources.
There are programs specifically deed to improve your skills in diverting conflict. Confronting a high conflict person in your life may cause you to be on the defending end of a restraining order.
Consider your options carefully, such as bringing a witness if you have concerns about false allegations and ask your attorney what other avenues are available for dealing with high conflict persons. If You Have Questions, Ask: As with any complex legal issues, if you have questions, ask your attorney. Do not assume anything. Restraining Order.Felon looking for friends text buds etc
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