San Diego Domestic Violence Lawyer

San Diego Domestic Violence – TRO – Restraining Order - Family Lawyers

The professional family law and restraining order experts at Wilkinson & Finkbeiner, LLP provide legal services to both men and women concerning matters involving domestic violence, restraining orders, protective orders and spousal abuse within divorce cases.  Our attorneys have significant experience litigating DV matters in the Superior Court.  Domestic violence restraining order cases may result from the habitual drug use by a boyfriend or girlfriend, physical abuse or harassment by a spouse, threats by a member of the family, or where a husband or wife is arrested by the police.

Domestic violence restraining order matters are filed in the family court and involve situations in which a person commits an act of abuse on a spouse, domestic partner, boyfriend or girlfriend, or family members such as parents, children or siblings.  The definition of abuse as it pertains to these matters is found within California Family Code §6320 and includes molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, excessive communications including cell phone or email, disturbing the peace of the victim, or destroying personal property.

The Family Court has the jurisdiction, or power, to issue protective orders so that certain victims, including animals and pets, are protected from the perpetrator of DV.  Generally, this is accomplished by the victim filing a Temporary Restraining Order, which is done ex parte (visiting the judge or commissioner without the other party) and without notice to the perpetrator.  A hearing is set for several weeks in the future so that the perpetrator has the noticed opportunity to provide evidence to the court in defense of the request for permanent restraining orders.  Once the temporary restraining order (TRO) is filed, and even after the court hears the entire matter, the court has the power to issue the following orders:

            -Move out or kick out orders from a family residence

            -Emergency protective orders (EPO)

            -Exclusive use and possession of an item or residence

            -No contact orders

            -Protection of minor children

            -Permanent restraining orders up to 5 years

            -Alcohol or drug abuse assessments

            -Child custody and child support

            -Spousal support

            -Possession of personal property

            -Supervised child visitation orders

            -Batterer’s intervention classes

            -Injunctions and cease and desist orders

            -Victim’s ability to record all communications including phone calls

            -Prevention of child abduction

            -Weapons, guns and firearms restrictions

            -Attorney fees and other debt payments.

In California, recent case law including the Elkinscase requires judges and commissioners to consider oral testimony and evidence in support of or in defense of requests for permanent restraining orders.  While the law is constantly changing as to how restraining order hearings will be conducted, currently domestic violence restraining order parties and witnesses must be prepared to testify at any hearing concerning domestic violence.  Even the simplest restraining order court hearing may transform into a trial or evidentiary hearing due to the current state of the law. 

Notably, a court’s finding that domestic violence has occurred in any instance may have rippling legal effects.  First, in a case where the custody or visitation of minor children is at issue, there is a rebuttable presumption (Family Code §3044) that the perpetrator of domestic violence is not entitled to legal or physical custody of a minor child.  In simple terms, this means that it will be very difficult for the person who commits acts of domestic violence to obtain custody of his or her children.  If domestic violence occurs in the presence of a child the court will find that child abuse has occurred.  Second, there is a presumption that the perpetrator of domestic violence is not entitled to receive spousal support or alimony. 

Our attorneys are skilled in the filing of DV restraining orders, litigating trials, eliciting testimony of witnesses, defending restraining orders, and advising clients of the lasting effects of a court’s finding of domestic violence in any particular instance.  We are Certified Family Law Specialists, which means we are experts in this field of law. 

Contact Our Partners Today for a Free Consultation

For further information regarding your case, call our office today at (619) 284-4113, or email us to schedule your free, private consultation.  We are conveniently located in Mission Valley, which is central to all of San Diego County, and there is plenty of available free parking.