Restraining orders in California were specifically designed to protect those who are involved in abusive relationships, whether it is within the confines of a marriage, dating or arrangements where people are living together. Domestic violence is a serious issue, and the attorneys at Fischer and Van Thiel, LLP are committed to protecting those who are abused, and children who are at risk in volatile homes throughout North County San Diego. Unfortunately, these protections are often abused for the purpose of gaining the upper hand in divorce and child custody situations as well. If you are the victim of physical or psychological abuse in any type of relationship it is important to attend to your own safety, as well as the safety of any children who may be involved. Contact us today, or call 760-722-7669 to schedule a free consultation to discuss your unique circumstances, and to learn about your available options.
What Should I Do If I am Facing a Potential Restraining Order?
If a restraining order against you becomes permanent it can have a substantial impact on your life. In many cases it can cause the loss of your job or prevent you from being able to qualify for future employment. You will not be able to own a firearm, and this may have an impact on applying for schools or even State of California Professional Licensure. You will be registered in the “California Law Enforcement Telecommunication System” (known as CLETS), and this will have an impact on any future encounter with law enforcement, even in the event of a simple traffic violation. Restraining orders can even impact you when traveling outside the United States providing complications and delays at almost every step along the way. Many parties who have received notice of a temporary restraining order hearing do not take the process seriously, hoping that things will either work themselves out or underestimating the consequences a restraining order can have on their present and future life. If you have been accused of domestic violence, or have been threatened with any form of restraining order it is important to immediately seek the counsel of an experienced restraining order and domestic violence attorney.
What is the Difference Between Temporary and Permanent Restraining Orders?
A “Temporary Restraining Order” (TRO) is often issued by a court when an allegation of physical or psychological abuse has been made against a party prior to a full hearing on the matter. The court will order a hearing within 21 days to determine the facts in a given case and to determine the truth surrounding the parties involved. If the court upholds the restraining order it will become “Permanent” for a period of 3 to 5 years. Temporary orders will become permanent orders in a relatively short period of time if no appearance is made, or no defense is brought forward. It is imperative that a response be made to a temporary restraining order.