Restraining Orders

There are “Civil” restraining orders and there are “Domestic Violence” restraining orders.  This office has substantial experience in obtaining such orders for our clients as well as defending against such orders being sought for improper purposes.  Each such order has it’s own set of facts and circumstances and it is important to have a game plan in place to establish or defend such an order at the time of the trial.

Temporary Restraining Orders (TRO’s) are easy to obtain and perhaps you have been able to have one issued.  These are done on an “ex parte” (not opposed) basis and very little, if any, evidence is presented to the court.  Just because the TRO was ordered does not mean that a final order will “issue” for or against you.  The rules of evidence apply, oral testimony and cross examination are required.  If you are in fear of someone, have been a victim of harassment or have been falsely accused of such things you need an attorney with experience in these areas of the law.

Keep in mind that if you are in a divorce a Domestic Violence “DV” restraining order will impact your ability to obtain spousal support and your rights as a parent over minor children.  It is unfortunately a common practice for one party or another to allege domestic violence to gain such an advantage.  Do not take such an allegation lightly. Simply because you say it “didn’t happen” doesn’t mean that such a position without being articulated and argued to the judge is enough to prevent such an order.

 

Copyright 2016 Law Offices of J.P. Miller, Jr. • 181 Rea Ave., Ste. 101, El Cajon, CA 92020 • Tel: (619) 590-0383