Restraining Orders

 

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TRO Attorney David A. Casey

365 Broadway, Suite 203.  El Cajon, California

Telephone (619) 447-6780  - E-mail:  Familylaw1@aol.com

Domestic Violence
Domestic Violence happens in many forms between two people in an intimate relationship. Physical violence includes kicking, punching, shoving, slapping or any way that hurts your body or any  touching that is offensive to you.  Domestic Violence also includes sexual behavior that includes unwelcome touching, fondling or forced intimacy.   Not all Domestic Violence are a criminal acts, but most can be.  If the police are called on a domestic violence case and there is physical contact, normally someone is going to jail!!  Emotional violence includes using coercion or threats and anger to create a controlling and fearful relationship. This can be more difficult to prove in some cases, however  the court normally leans in the direction of ensuring safety first.    Domestic violence acts should be treated seriously. Anytime someone gets out of control, it can lead to serious harm both emotionally and physically.    You should always be aware that you should call 911 if you feel your safety is at an immediate risk.  They will send a law enforcement officer to protect you and even to make arrest if have you been a victim of  domestic violence.  You should not wait to obtain a restraining order if you have been threatened.

You may apply for a Domestic Violence Restraining Order if you have been the victim of any of the following:

  • Actual physical violence;
  • Stalking;
  • Sexual abuse;
  • A serious threat of physical violence;
  • Harassing and annoying phone calls; or
  • Destruction of personal property.

AND

you have a close personal relationship with the party you are asking to have restrained.

Under the law, a relationship is defined as "close" if at least one of the following is true:

  • You are married or were formerly married to the other party;
  • You have or formerly had an engagement or dating relationship with the other party;
  • You and the other party have a child or children together;
  • You are related to the other party by blood, marriage or adoption; or,
  • You and the other party are living together, or formerly lived together, as members of a "household".

If you do not have a “close relationship” with the other party, then you must obtain the CIVIL HARASSMENT RESTRAINING ORDER packet from the business office.

Domestic Violence Clinics offered by the courts  (Family Law Self-Help Facilitators)  

Domestic Violence Clinics at the court house are staffed by volunteers and are available at the following locations to assist you with restraining order paperwork.   Please check with the court to ensure they have not changed the times listed below.     For free help in applying for a restraining order the below information is for your general use only.

REGIONAL CENTER TIME LOCATION
Madge Bradley 8:30am - 12:00pm
1:00pm - 4:00pm
4th Floor
East County 9:00am - 12:00pm
1:00pm - 4:00pm
Family Law Business Office
North County 8:30am - 2:30pm Adjacent to Civil Business Office
South County 9:00am - 11:00am 3rd floor

Assistance is provided on a first come, first served basis and appointments are not available.  Please do not take your children to the DV clinic. A children's waiting room is available at each court location for your convenience. Contact Children's Waiting Room at: (619) 531-3489.

Since many victims of domestic violence are emotionally distraught, the legal process can be overwhelming.  In order to ensure that your legal rights are protected,  you may want to consult with an attorney.   The Law Office of David A. Casey offers a free initial consultation.  Although a retainer is required for services,  you can be assured with a sense of relief that all your paperwork will be taken care of  in a professional manner.  On many cases,  a TRO is usually in combination with that of filing for a divorce or other family law matters.    You may save money by using the court facilitators, however,  you still have the burden of representing yourself and preparing all the paperwork.   Your attorney can protect your interest in the best way possible.   

This overview regarding is NOT intended to be a substitute for a personal legal consultation with an attorney as it pertains to your situation. This is a general outline describing the methodical process of what the court considers when determining any orders in your case. 

To learn more about the following subjects,  click on the title you are interested in.

1. Divorce - Contested vs. Un-Contested.         2. Child Custody.       3. Child Support.    4. Spousal Support.      5. Restraining Orders.    6. Challenging Restraining Orders (TRO).     7. Attorney Fees (who will pay) 8. Contempt Actions - Enforcing a court order.    9. Paternity Action.    10. Child Support Enforcement .  (DCSS and the District Attorney office)   11. Loss of Driver's License.   12.  Custody Evaluation.   12. Wage Assignment orders    13.  General common legal terms.   14. Legal terms used in a divorce proceeding.

 

Any legal content contained on this website is not intended to and does NOT constitute legal advice

copyright ©2005 by David A. Casey, esq

 

 

 

                          

 

                       

          

 


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