San diego restraining order lawyer

A restraining order can be the best tool to end harassment. It can also have lasting effects and permanently impact your record if not defended by an experienced lawyer. Years of Experience. Deanne Arthur has been successfully representing clients in Restraining Order Court for years. She forms a bond with her clients and creates a trustworthy relationship. She made me feel comfortable and I could tell her anything. 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.

Actions that may warrant the issuance of a civil harassment restraining order include:. 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. Depending on the facts of the case, a civil harassment restraining order may be in effect for up to 5 years. 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 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:. 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.

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. 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.

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.

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. There are three levels of protection that can be granted through a restraining order. These define the specific duration a restraining order can last, from a few days to several years. The specific facts of the case will determine the level of protection and the length of the order.

Emergency orders are frequently requested by law enforcement officers when they respond to a domestic violence call.

If the officer suspects that someone is in immediate danger, the officer will contact an on-call judge to have the order issued. The official then informs the offender about the order which goes into effect instantaneously. They can also be obtained by individuals who are in the process of filing a permanent restraining order but need protection as the process is finalized.

An EPO stays in effect for up to seven days but may or may not be replaced with a temporary or permanent restraining order. These orders usually last for up to 2 or 3 weeks. It is designed to offer protection until the case goes before a judge. Before a TRO expires, a hearing will be held to determine if a permanent restraining order should be issued. A TRO will be issued if the person asking for protection can show that the conduct of the alleged abuser would cause emotional distress to a reasonable person.

After a hearing has taken place, a permanent restraining order may be issued if a judge determines the alleged victim requires extended protection. At the hearing, the judge will hear from both parties in order to establish whether a PRO is warranted. If the judge does not specify the terminate date, the PRO will typically last for three years. The protected individual can ask for the renewal of the order during its last three months.

If issued, the restrained person will be required to:. Some are based on unfounded allegations by individuals who want to use the injunctions for their own selfish benefits.

Moreover, with the short time it takes for a restraining order to go into effect, you should not take chances when it comes to your choice of an attorney. The law offices of San Diego Restraining Order Attorney specializes in defending individuals who feel victimized by unjust restraining orders or those charged with violating a restraining order.

We have the skills, resources, and experience necessary to navigate the complicated process and get the best possible results for our clients. Some of the things we can do for you include:. Call us our office at or contact us online for a free consultation about your legal rights and options. Aggressively Protecting Your Freedom from Injustice.

San Diego Restraining Order Attorney Having a restraining order on your name can have a significant impact on your life. Good Morning Sabrina and Tom. Thanks Sabrina Darwish and Thomas Beck!

Sincerely, Rita Sauls. David Ruyle David J. Sabrina Darwish Sabrina Darwish is an aggressive and competent attorney with over 10 years of experience in criminal defense. What Sets Us Apart? Unmatched Expertise. What is a Restraining Order in California? Consequences of a Restraining Order in San Diego A permanent restraining order can have a serious impact on your public, personal, and even private activities. So, any potential employer or landlord who runs a background check on you may be able to see this restraining order.

Many will not hire or allow you to continue working at their company. You also risk losing your professional license. Moreover, your landlord may ask you to vacate, creating another layer of problems. Loss of gun rights: Under Penal Code This means that you may permanently lose your rights to gun ownership if you have a permanent restraining order against you. Child custody and spousal support: A restraining order can severely impact your ability to retain custody of your children.

Your ability to travel may also be restricted. This could significantly impact your livelihood if you conduct business across the San Diego border. Testimonials When it comes to legal matters, we know that individuals are only interested in putting their case in the right hands. Types of Restraining Orders in California California law recognizes four types of restraining orders. The court requires specific evidence and information in order to justify the action.

If not properly requested, the order may be denied, since it can cause a major disruption in the life of the other person. If you are in the middle of a domestic violence situation, getting a temporary restraining order or an emergency protective order is probably the best place to start.

Since they are rather easy to obtain, you will be able to act fast and get some relief from the other person. If you obtain one, you will be assigned a court date where you get the opportunity to turn the temporary order into a permanent one, which may result in continued protection for up to 2 years.

It can get better. You need to act now in order to change the direction of the path you are following. Living in fear is no way to live. You cannot enjoy your life, and you have to be on guard at all times. Do not live that way when you can do something about it. The key is to act before you give someone the opportunity to get too close to you. Whether you are being abused, harassed, threatened or harmed by a spouse, live-in partner, or family member, you can get help.

Reach out to the professional family law attorneys at Richard M. They have over 20 years of experience and know just what to do to help you through this difficult time of your life. For a victim of domestic violence, this restraining order is normally effective for several weeks.