Restraining and Protective Orders in San Diego California

San Diego CA Divorce Lawyers – Family Law Attorneys

Many dissolution of marriage proceedings in the state of California take place after the couple involved has gone through an extended period of time trying to work through their problems, and many times the filing takes place after a period of separation. Filing for dissolution of marriage is a very big and final step, and it is not something that should be entered into in the heat of passion. Most couples realize this and are capable of getting together and rationally and pragmatically working out the terms of the divorce in a reasonably amicable fashion without a great deal of acrimony. But this is not always the case.

Unfortunately, some divorce proceedings turn violent, and no one should have to be subjected to abuse or threatening behavior and live in fear of violence. People in California who feel as though they are in danger of becoming the victim of a violent act on the part of their former partner or some other family member can usually obtain a Temporary Protective Order from the Family Court. When such an order is issued, it becomes a crime for the defendant to make contact with the petitioner or visit certain locations, such as his or her place of employment. In an emergency this can be issued in an ex parte manner (without the accused being present) immediately, and a hearing will then be scheduled at which the defendant will have a chance to rebut the allegations made by the petitioner.

Domestic violence is a big problem in this country, and there really is no excuse for it. Seeking a restraining or protective order is one of the appropriate steps to take if you feel threatened, but if that threat is immediate the first thing you should do is call 911 and explain the situation to the police.

When examining restraining and protective orders the plight of the victim is the first thing that comes to mind, but it is important to point out the fact that not everyone who is accused of threatening or abusive behavior is actually guilty. Accusations of this sort can drive a person out of the home and prevent contact with the children, and there are cases when protective orders are sought as a punitive action when there is really no threat of violence present. Those who feel as though they are being falsely accused of threatening behavior do have the right to respond to the action, and it is always best to do so with an experienced family attorney representing you.

If you need legal advice about restraining and protective orders contact a San Diego CA family attorney for a free consultation.