Tuesday, July 1, 2014

A San Diego Lawyer Can Help You to Get a Restraining Order Against Your Ex

Divorce can get ugly and a lawyer can help you to navigate through the process.  There are times before or during the divorce one spouse can become violent, threatening, or volatile.  It is normal for people to get upset and worked up. The question is how upset are they getting and have they calmed down?  If your spouse or ex-spouse is threatening you and you are scared that you may become a victim of violence, a restraining order may be in order.  You can also obtain one if you believe they are stalking you.

A restraining order is a legal decree that prohibits them from coming within a certain distance of you.  If they violate the order you can call the police and have them arrested.  The major difference is that without a restraining order they would need to act violently or start threatening you before you can really call the police.  A restraining order gives you the right to do so before the situation escalates. 

It is important to have an experienced lawyer help you through the process. You have to prove that a restraining order is necessary, which can be difficult to do without help. Your ex-spouse may appear completely cool and calm in court which will give off the impression that they aren’t posing a threat to you.  Once outside of court, the behavior is likely to continue.  An attorney can help to present the facts so that the judge understands the severity of the issue and the need for you to be protected. 

There are two main types of restraining orders that you can get in California – personal conduct and stay-away orders.  

Personal Conduct Orders
This type of restraining order prevents the other party from contacting you via the phone, messages, and email.  They cannot harass you, stalk you, strike you, destroy your property or sexually harass you in any way. 

Stay-Away Orders
This is the type of restraining order that most people think of because it prevents them from coming within either fifty or 100 yards of you.  It applies to your physical person.  For example, if they were to see you in a grocery store they could not come within fifty or 100 yards.  It also applies to where you live and work, where your kids go to school, your car, and other important places you include on the list like church or a relative’s home.  
Stay-away orders can become complicated when you are sharing custody with an ex-spouse.  You will want the assistance of a lawyer to navigate through these challenges.  For example, in a normal stay-away order the other party cannot be too close to your kid’s school.  If it is their child too, this becomes impractical so a creative solution will need to be implemented.  The same holds true for custody exchanges.  A solution will have to be worked out to where you can trade custody without the order being violated, unless of course the child is also protected as part of the order.  

To learn more about restraining orders and how a lawyer can help, call Keen & Genochio Attorneys at Law today.