-San Diego - Orange County Lawyer- Fuller Jenkins Law - Restraining Orders and Domestic Violence

restraining orders / domestic violence

Temporary Restraining Order Lawyer
Protective Order Lawyer
Domestic Violence Lawyer

Emotions can get out of control in a divorce. Anger, misunderstandings, and even manipulation of the justice system can result in criminal charges of domestic violence or civil domestic restraining orders. All it takes is an accusation and a hearing... and you may be forced out of your home and/or kept from seeing your child for three weeks or several months.

What is becoming more prevalent in Custody cases is taking advantage of the justice system by one party falsely accusing the other of domestic violence. If you have been given notice of an ex parte (emergency) hearing or otherwise and the accusation against you is criminal or civil domestic violence, you need to get an attorney to represent you in that hearing to protect you. Fuller Jenkins attorneys have the training and experience to work through this difficult situation, either when a restraining order is sought, or when one is necessary. We can advise you concerning your options.

Sometimes parents in an effort to keep a situation as calm as possible, will not argue about charges of domestic violence. Did you know that pleading a domestic violence case out is the same as a guilty charge, and you will probably lose complete custody of your child? Even a civil restraining order can keep you from being able to see your children without the police or authorized supervisor being present. A restraining order against you can be filed without witnesses and with no evidence. Our domestic violence attorneys can help you fight the allegations found in a protective order.

If you have been notified of an emergency hearing regarding a temporary restraining order or protection order against you, call Fuller Jenkins to request an attorney be present with you in the hearing to protect your rights and fight for your innocence. A Temporary Restraining Order or Protective Order against you may prevent you from being able to exercise your visitation rights with your children.

If you have been charged with criminal domestic violence, Fuller Jenkins can represent you. These charges can affect you and your children for years to come. Do not let false allegations or misunderstandings prevent you from being an active, involved parent.

If a violent spouse or your child's parent is abusing you or your child, Fuller Jenkins can help you obtain a temporary restraining order and/or a protective order. Violence and abuse are serious issues. Sometimes we can get an order as quickly as the same day. We represent parents falsely accused of violence as well as parents and children who need court ordered protection. Domestic violence is not just harming a person, the intentional destruction of property is also considered to be domestic violence.

Normally, a court date for a family law matter is scheduled by the court for 4-8 weeks away before being heard in court. With this in mind, most states and counties have a system in place to expedite ‘emergency’ type matters, such as domestic violence. This process is known as an Ex Parte Hearing. Ex parte hearings are usually heard the same day as they are filed or the following day. Depending on the issue, the filing party only needs to give 4 to 24 hours notice on the other party before the court hearing. In the case of domestic violence, it is usually only 4 hours. And in some cases, notice can be left on your answering machine or voicemail after you have gone to work in the morning.

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This system is in place to protect those people (usually women or children) that are in immediate danger or eminent harm and need the court to force an abusing spouse or parent out of the home or keep the abuser away from the abused.

There doesn’t need to be much evidence since the judge only needs to ‘believe’ the abused person’s story … that they are being abused, have been abused, or are in fear of their ongoing safety. So when one party files a domestic violence charge and requests that the other party be removed from the home and he be kept away from her, the courts generally oblige, unless that party has a good attorney to help fight the charge.

The court will usually grant a ‘temporary restraining order.' The restrained party will probably be forced out of their home, and will be restricted from any contact with the other party and any children involved. This also gives the court the green light to take away any parental custody or visitation that party may have. Minimally, their visitation will be reduced to infrequent visitation, which will probably be required to be ‘monitored visitation’ (another person will need to be with the restrained parent and child(ren) during every visit).

Here are just a few examples of situations that can be used against you in a Domestic Violence case and that you do not have to tolerate when you are the victim:

1. Yelling or shouting at (or in front of) your spouse or live-in or child.
2. Calling your spouse or live-in or child names, or using profanity towards her or your child.
3. Slapping, spanking, kicking, shoving or any physical motion towards her or your child.
4. Threatening (verbally or by action) violence to her or your child.
5. Instilling any type of fear in her or your child.
6. Taking a phone from her or your child.
7. Physical destruction of any property.
8. Keeping the other party or your child from leaving the situation, room, building or home.
9. Physically restraining the other party or your child.

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