What are Restraining Orders?

San Diego Restraining Orders are protective orders ordered by court to protect someone from being harassed, threatened, assaulted, physically or sexually abused or stalked. A restraining order can also include a protected person’s family or household members.

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Types of San Diego Restraining Orders

Domestic Violence Restraining Order

This restraining order applies if someone abused you and you have/had a close relationship with him/her as in married, registered domestic partners, divorced, separated, dating or previously dating, have children together, currently or previously lived together other than as roommates, or a close relationship including parent, child, brother, sister, and grandparents. Your relationship to the other party by marriage (in-laws) or adoption also qualifies. Read More

Elder or Dependent Adult Abuse Restraining Order

This restraining order applies if you are 65 years or older (or between 18 and 64 years old and you have certain mental or physical disabilities that keep you from being able to perform normal activities or protect yourself), and you are a victim of physical abuse or financial abuse, neglect or abandonment, treatment that has injured you physically or mentally, or caregiver deprivation of basic items or services that you need or you will suffer physically, mentally or emotionally. Read More

Civil Harassment Restraining Order

This restraining order applies if you are being harassed, threatened, abused, or stalked by someone that you are not in a close relationship with or were not in such a relationship with previously. Read More

Workplace Violence Restraining Order

This restraining order applies if an employer seeks protection for an employee who is suffering serious harassment, stalking, violence or a credible threat of violence at the workplace. Read More

Gun Violence Restraining Order

Per California law, an immediate family member, employer, coworker, employee or teacher of a secondary or postsecondary school, or law enforcement agency may seek an order prohibiting an individual who poses a significant danger of personal injury to himself, herself or another from controlling, owning, purchasing, possessing, or receiving a firearm, ammunition, or magazine. Read More

Attorney Timothy Riley can help you with restraining orders and related issues. Call (619) 500-1289 or contact us here.

California Domestic Violence

Governor Newsom signs bipartisan bills to support domestic violence victims

California Governor Gavin Newsom signed eight bills into law to help protect victims of domestic abuse and violence in California. These bills include creating a new victims’ services fund and expanding the ability of victims to access restraining orders. Read More

Study reveals billion dollar toll of domestic violence in California

A new study by Tulane University’s Newcomb Institute and University of California San Diego School of Global Policy and Strategy has shed light on the staggering economic impact of intimate partner violence in California. Read More

What Happens if Someone Violates a Restraining Order?

When a San Diego court grants you a restraining order against someone and despite that restraining order, the person violates the order, what happens then? What do you do? First, you should call the police and/or 911 immediately and report depending on the situation. Additionally, California law makes it a crime to violate a restraining order and violating a restraining order can be a misdemeanor with penalties including county jail time up to a year and a fine up to $1,000 or more or both. Per California law, knowing violation of a restraining order is also considered contempt of court. But there is also a possibility that you report the incident(s) to the police and nothing seems to be done about it. What then? Read More

California Civil Harassment

California law allows a person to seek a restraining order if he/she has suffered harassment. Harassment is defined as either unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.

Difference between a Temporary Restraining Order and Final Restraining Order

A San Diego court may issue you a temporary restraining order if you show reasonable proof of harassment to the satisfaction of the court and that great or irreparable harm would result if order not granted. A temporary restraining order can be in effect until your hearing for a final restraining order that would be in effect for five years and can be renewed for five more years. The hearing is usually held between 21 to 25 days after a temporary restraining order is granted. Read More

California Elder Abuse or Dependent Adult Abuse

What Qualifies as Financial Abuse of an Elder or Dependent Adult?

Per California law, financial abuse of an elder or dependent adult occurs when a person or entity does any of the following:

(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence. Read More

Attorney Timothy Riley can help you with all restraining orders and related issues. Call (619) 500-1289 or contact us here.

California Gun Violence Restraining Orders

Temporary Emergency Gun Violence Restraining Orders

Temporary Emergency Gun Violence Restraining Orders can be issued upon request by law enforcement. Per California law, law enforcement can request (petition) a judge to issue this type of gun violence restraining order on an emergency basis. The subject of this restraining order does not have to be present when the order is issues and he/she does not need to get a Notice. If the judge issues this emergency gun violence restraining order, it is in effect for 21 days. Read More

Temporary Gun Violence Restraining Orders

A Temporary Gun Violence Restraining Order can be obtained if a concerned party petitions (requests) the court. This temporary order is in effect for 21 days. Read More

Gun Violence Restraining Orders

A San Diego county court can grant a gun violence restraining order after a hearing is held and the respondent is given an opportunity to be be heard at the hearing. The respondent may object or consent to the gun violence restraining order and the order may last from 1 to 5 years if granted. Read More

Attorney Timothy Riley can help you with Gun Violence Restraining Orders and related issues. Call (619) 500-1289 or contact us here.

Types of Restraining Orders