San Diego Divorce Lawyer Blog
The two parties in a domestic violence restraining order case are often called the “Protected Party” and the “Restrained Party.” The Protected Party is the person requesting the Domestic Violence Restraining Order and the Restrained Party is the person who is restricted by the restraining order.
When a Domestic Violence Restraining order is granted for the Protected Party, it may drastically reduce the rights and liberties of the Restrained Party, and they my need a Domestic Violence Attorney to help them protect their rights and liberties. If a Domestic Violence Restraining Order has been granted against you, you need to consider a Domestic Violence Lawyer.
The Consequences of a Domestic Violence Restraining Order
A domestic violence restraining order can assist in protecting the person requesting the restraining order; however, there are a number of consequences and restrictions that are enacted against the restrained party that go beyond California Family Code section 6320 to not molest, attack, strike, stalk, threaten, assault, batter, come within 100 yards of the protected party. If you need a domestic violence restraining order, or you need to defend yourself against restraining order, you may need to retain a domestic violence attorney.
If protected party and the restrained party live together, the protected party may ask the court to grant a move-out order on their Request for a Temporary Domestic Violence Restraining Order, which forces the restrained party out of the parties’ residence if it is granted.
Also, a Domestic Violence Restraining order prohibits the restrained party from possessing or purchasing any firearms. If the restrained party has firearms, the restrained party may need to sell their firearm to a licensed gun dealer, store their firearm with a licensed gun dealer, store their firearms with local law enforcement, or surrender their firearm to local law enforcement.
Once there is a Domestic Violence Restraining Order, the restrained party’s information is entered into California Law Enforcement Telecommunication System (CLETS), which provides law enforcement with the restrained parties information. Also, in San Diego County, the public has the ability to search the San Diego County Sheriff’s website to see who has a restraining order against them.
If the restrained party has children, a serious consequence falls under California Family Code section 3044, which states that if there is a finding of domestic violence by a court of competent jurisdiction, there is a presumption that the restrained party should not have legal or physical custody of their child. If the restrained party requests custody and visitation of their children, and there is a finding of domestic violence, the restrained party will have to overcome the presumption that their children would not be safe in their care, which may require the assistance of a domestic violence lawyer.
San Diego Domestic Violence Attorneys
If you need a domestic violence attorney to protect your rights and defend against a restraining order, or you need an attorney to help you obtain a domestic violence restraining order, hire the services of the Law Office of Doppelt and Forney, APLC. By emailing Attorney Roy Doppelt at roy@dffamilylaw.com or texting (858)-880-6689 to schedule a free 30-minute consultation with an experienced domestic violence attorney.