Domestic Violence Restraining Orders

Domestic disputes and allegations of abuse against family members are taken very seriously in San Diego, and under California law, domestic violence incidents carry severe penalties, sometimes resulting in a domestic violence restraining order being issued against the alleged abuser. Domestic violence restraining orders are intended to limit or eliminate contact between a victim of domestic violence and his or her abuser, and having a restraining order filed against you can significantly limit your personal freedoms and take away certain rights and liberties, including your right to see your children or own a firearm, for example. Unfortunately, in some cases, allegations of domestic abuse are exaggerated, misunderstood or completely fabricated, and the results can be devastating for the accused individual. If you have had a domestic violence restraining order filed against you in San Diego, don’t hesitate to get qualified legal help. Contact the criminal defense attorneys at San Diego Domestic Violence Attorney, today to discuss your legal options.

Domestic Violence Explained

Domestic violence is defined as an act of physical violence, a verbal threat of violence, or a pattern of harassing behavior between two people who have or had a close relationship, are related, or are living together or formerly lived together as members of a household. In the state of California, many different crimes fall under the umbrella of domestic violence, including injury to a spouse or cohabitant, child abuse, sexual assault, child endangerment, rape, elder abuse and criminal threats. If you harm or threaten to harm anyone in your household, you could face charges of domestic violence in San Diego, which may lead to a domestic violence restraining order or criminal protective order, each of which can change your life forever.

What is a Domestic Violence Restraining Order?

A domestic violence restraining order is a civil court order brought by one person against another person with whom they have an intimate relationship, including a current or former spouse, a co-parent, a person with whom they live or have lived, or a person whom they are or were dating, to prevent the re-occurrence of acts of abuse by a batterer. A domestic violence restraining order is issued by the court, but it is initiated by the person seeking protection, and its purpose is to prevent any physical, electronic or third-party contact between the two parties. This type of order is intended as a means of protection for victims of domestic violence, and can order the restrained individual to, among other things:

• Stay away from any persons and places included in the restraining order;
• Avoid any physical or electronic contact with the protected persons;
• Move out of a shared residence;
• Follow child custody and visitation orders;
• Turn in any guns or ammunition to the police or a licensed gun dealer;
• Pay certain bills;
• Complete a 52-week batterer intervention program; and
• Release or return certain property.

Types of Restraining Orders in San Diego

A domestic violence restraining order isn’t the only type of protective order that can be issued by the California court system. Other types of restraining orders in San Diego and throughout California include:

Temporary Restraining Order

A temporary restraining order can be issued against any person who alleges physical harm, harassment, or physical or persistent emotional abuse against another person, with only the slightest proof required.

Civil Harassment Restraining Order

Civil harassment restraining orders cover all harassment cases that don’t involve a domestic relationship, including disputes with neighbors, colleagues at work, or any other individuals.

Criminal Protective Order

A criminal protective order is a protective order specific to criminal cases, including those where an individual has been charged with battery (CA Penal Code § 243(e)(1) PC) or corporal injury to a spouse (CA Penal Code § 273.5 PC).

Long-Term Consequences of a CA Restraining Order

If you have a domestic violence restraining order issued against you in San Diego, you may be prohibited from contacting the protected persons and can even have your child custody or visitation rights limited or revoked entirely. A domestic violence restraining order can last for up to five years and is effective anywhere in the United States, which means even if you move out of California, you are still required to follow the court orders. Sometimes, when there is a domestic violence incident in California, the District Attorney will file criminal charges against the abuser, and any individual charged with misdemeanor or felony domestic violence may face a criminal protective order under California Penal Code § 136.2, which, unlike a domestic violence restraining order, is filed by the District Attorney. Criminal protective orders are granted without a formal hearing and do not require proof that the domestic violence occurred beyond a reasonable doubt, only that there is cause to believe that the abuse occurred.

Violating a San Diego Restraining Order

Whether you believe a domestic violence restraining order is warranted or not, the requirements of such a restraining order are strict, and violating these requirements can result in an immediate arrest and possibly even criminal charges being brought against you. California Penal Code § 273.6 PC makes it a crime to violate the terms or conditions of a restraining order, punishable by up to one year in county jail for a misdemeanor offense, and up to three years in state prison for a felony offense. Some examples of violating a domestic violence restraining order include the following:

• The restraining order prohibits you from contacting your ex-girlfriend, yet you continue sending her text messages and emails
• The restraining order prohibits you from owning or possessing any firearms during the duration of the order, yet you fail to turn your gun over to the authorities
• The restraining order dictates that you must stay away from your family home, yet you break the windows of your wife’s car while it’s in the driveway
• The restraining order states that you must not use force or violence against your wife, yet you threaten to harm her if she doesn’t have the restraining order terminated

Defending Yourself Against a Domestic Violence Restraining Order

Not only can a domestic violence restraining order cause you emotional distress, it can also result in financial hardship, possibly requiring that you pay for mandatory counseling, move out of your home, pay child support, or pay restitution to the victim for medical bills, lost wages and legal fees. The two most important things you can do when a domestic violence restraining order is issued against you is show up, and be prepared. It’s more common than you might think for someone to request a restraining order for an inappropriate or fraudulent reason, and if you are being falsely accused of domestic violence, it’s imperative that the court hears your side of the story. The burden of proof for a domestic violence restraining order is relatively low, and it doesn’t take much for a San Diego judge to issue a restraining order against a potential abuser, even if there is little evidence supporting the victim’s claim of domestic violence. Knowing how best to defend these cases takes years of experience, and having a qualified criminal defense attorney on your side can significantly improve your chances of a favorable outcome in court.

Free Domestic Violence Consultation in San Diego

Domestic violence restraining orders are often issued when couples are filing for divorce and there is a history of domestic violence, or in cases where a child is being abused by a parent or family member. And while having a domestic violence restraining order against you doesn’t necessarily mean criminal charges will be filed, it can still have a devastating, long-lasting impact on your personal and professional life. If you have had a domestic violence restraining order issued against you in San Diego, or if you have been arrested for violating a restraining order, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, today to find out how to best proceed. It’s important that you understand what a restraining order means for you and how it can affect the rest of your life, and our defense lawyers can ensure that you are fully aware of your legal rights after being accused of domestic violence.