San Diego Domestic Violence & Restraining Order Attorneys

Your Trusted Partner in Family Law

When you are in immediate danger, you cannot wait weeks for a standard court date. Our San Diego domestic violence attorneys act quickly to file an Ex Parte (Emergency) Request for a Domestic Violence Restraining Order (DVRO).

In urgent situations, a family court judge can review your sworn declaration and grant a Temporary Restraining Order within 24 hours, often before the abuser is even notified of the legal action. Once signed by a judge and served by law enforcement, a TRO legally forces the abuser to move out of your shared home, stay a specified distance away from you and your children, and surrender any firearms.

This temporary order provides a critical shield of protection until a formal court hearing takes place, usually within 21 days. At that hearing, our attorneys will present the necessary evidence to convert your temporary protection into a permanent restraining order, which can last up to five years. Whether we are filing your emergency request at the downtown San Diego courthouse or the North County Regional Center in Vista, our primary goal is your immediate safety.

We will be there to help you to stand up for your rights.

Under the California Domestic Violence Prevention Act (DVPA), abuse is defined by much more than just physical violence. The law recognizes a wide range of behaviors used to exert power, fear, and control over a spouse, dating partner, or family member.

Our restraining order attorneys help clients secure legal protection based on the following forms of abuse:

Physical Abuse

This includes any form of physically hurtful behavior such as hitting, slapping, choking, pushing, or kicking. Physical harm is often the most visible sign of domestic violence and requires immediate legal intervention to ensure your safety.

Sexual Abuse

Abuse can also be non-physical in the traditional sense, including situations where an individual is pressured or forced to perform sexual acts against their will, or the performance of such acts without informed consent.

Verbal and Emotional Abuse

Words can be used as weapons. Constant name-calling, yelling, screaming, and diminishing your character are forms of verbal abuse that can lead to severe emotional distress. In San Diego, the court recognizes that emotional safety is just as vital as physical safety.

Social and Financial Abuse

Domestic violence often involves isolation. This may look like criticizing your personal relationships, using controlling behavior to interrupt your connections with others, or manipulative tactics designed to limit your social life and independence.

Threatening and Intimidating Behavior

Abuse often escalates through intimidation. Breaking objects, using threatening speech, or engaging in other actions intended to cause fear are significant indicators that a domestic violence restraining order may be necessary.

Unwanted Communication and Stalking

Harassment through constant and unwanted communication is a form of domestic violence. This includes intimidating phone calls, text messages, emails, or letters that disrupt your peace of mind and sense of security.

If you are experiencing any of these behaviors, you do not have to face it alone. Whether you need a temporary restraining order (TRO) or long-term legal protection, Hassett Family Law is here to advocate for your rights and provide a clear path toward a safer future.

The Impact of a DVRO on Custody and Support

A domestic violence restraining order drastically alters the landscape of a family law case. If a judge makes a formal finding of domestic violence against a parent, it triggers California Family Code 3044. This law creates a strict legal presumption that awarding joint or sole custody to the abusive parent is detrimental to the child. Beyond custody restrictions, this finding can prevent the abusive spouse from receiving any spousal support, regardless of their financial need.

FAQS ABOUT DOMESTIC VIOLENCE AND RESTRAINING ORDERS