Restraining Orders In Carlsbad
Carlsbad Lawyers For Restraining Order Prosecution And Defense
Restraining orders can be a very effective mechanism by which to provide a cooling-off period in cases of high conflict, but they can also be abused and used as a strategy to gain an unfair advantage in a family law case. We refuse to represent those looking for the latter. However, we do evaluate each and every case and counsel our clients with respect to potential outcomes in legitimate domestic violence cases.
At Griffith, Young & Lass, we represent those seeking to be protected under a restraining order as well as those who need diligent and aggressive defense against false claims of abuse. If you’ve found yourself in either of these situations, call us at 858-951-1526 or contact us online.
If you and/or someone you love is currently in danger, do not wait to seek help. Your first call should be to your local law enforcement department. Once you are safely removed from the dangerous situation, our GYL team can step in and handle things from there.
Are You Eligible To Ask For A Restraining Order In San Diego County?
To qualify for a civil harassment restraining order in the state of California, you must meet the following requirements:
- You are being (or have been) harassed, threatened, physically or sexually violated, stalked or otherwise harmed by the person you wish to order a restraining order against.
- The person you wish to order a restraining order against is a friend, neighbor, roommate, family member more than two degrees removed (cousins, aunts, uncles, distant relatives) or another person you are not closely related to.
Our Carlsbad restraining order attorneys can evaluate your situation to determine if you meet the requirements for filing a restraining order in California. If you do, we can then help you properly complete the paperwork, make sure your attacker is served, and prepare for your court hearing.
Served With A Restraining Order? GYL Can Help.
If you were served with a temporary restraining order, it will expire on the day of your court hearing. If you were served with a permanent restraining order, it will not expire at the hearing. However, the judge cannot make any permanent orders until you have been properly served by a law enforcement officer or a process server. Either way, you’ll want to connect with an attorney as soon as possible to defend yourself in court.
Important items to know before your court date:
- Do NOT miss your hearing.
- Arrive at least 30 minutes early.
- Practice what you want to say.
- Prepare for any questions you might be asked.
- If you have physical evidence disproving accusations of abuse, bring it.
The above is only a general list of tips. If you would like to prepare more fully and have the backing of an expert attorney, contact GYL for help.
Does A Restraining Order Affect Child Custody?
Yes, a restraining order can affect child custody. According to the California Courts website, a judge cannot grant custody to an abusive parent if the judge decides there is domestic violence; only visitation rights.
There are exceptions, however – where applicable, a parent with a history of domestic violence can still get custody if he or she:
- Proves that their having custody is in the child’s best interests
- Has completed an approved intervention program for domestic violence
- Has successfully completed their court-ordered substance abuse counseling
- Has successfully completed their court-ordered parenting class
- Has complied with the terms of their probation or parole
- Has complied with a restraining order against them
- Has not committed any further acts of domestic violence
Are you curious if a restraining order is going to affect your child custody or parenting plan? Get in touch with Griffith, Young & Lass today!
Same-Day And After-Hours Appointments For Emergency Situations
If you have been served with a restraining order and need an aggressive defense or if you are in fear and need protection immediately, call our office now. We can often go in on the day that you call to obtain temporary orders on your behalf. And, because we know that emergency situations like this cannot wait, we make ourselves available for same-day appointments and after-hours office visits as the need arises.