Restraining Orders for Domestic Violence

A restraining order for domestic violence is a court imposed set of restrictions that is designed to protect those who have been subjected to physical abuse, harassment, stalking and intimidation. 

Restraining orders prohibit the perpetrator from contacting the protected party in any fashion, which includes via phone calls, emails, text messages, third parties or other forms of communication. A domestic violence restraining order may be filed by a spouse, registered domestic partner, former spouse, boyfriend or girlfriend, cohabitants or on behalf of a child. If the person subject to the restraining order violates the terms of the protective order, the violation constitutes a criminal offense under California Penal Code Section 273.6.

When you are the victim of domestic violence at the hands of a spouse, significant other or co-parent, it is natural to feel confused, overwhelmed and fearful. If your abuser is the primary breadwinner, you may feel financial pressure to put up with the physical, sexual or emotional abuse because of the pragmatic financial hardships of taking action. However, our San Francisco restraining order attorneys handle the full spectrum of civil and criminal restraining orders so we can work to help you obtain the protection you and your children need while also addressing financial hardships by seeking alimony, child support or temporary control of the family residence.

At the Law Offices of Lucy S. McAllister, we have a unique background in the specialized area of law dealing with restraining orders. Because our practice is focused exclusively in the areas of family law and criminal law, we deal extensively with issues of domestic violence, spousal abuse and child abuse in both criminal and civil courts Lucy McAllister has over 30 years of legal and judicial experience during which she has tried over 250 cases in Superior Court. Because domestic violence and restraining orders make up a substantial portion of our practice in both criminal and civil court, our years of experience advocating for the victims of domestic violence provide an important part of the foundation upon which the reputation of our law firm is based.

While you may feel like the best way to manage domestic violence is to appease the person who is mistreating you or your children, victims of domestic violence at the hands of another member of one’s household cannot afford to wait for the situations to escalate. According to the National Institute of Justice, approximately 70-80 percent of homicides involving an intimate partner are proceeded by a history of domestic violence between the parties.

Further, your children may be in danger even if the perpetrator has not yet targeted your kids. Approximately a third to two-thirds of perpetrators of domestic violence against an intimate partner eventually place children in their cross hairs by victimizing children in the home. The emotional and psychological impact of abuse of an intimate partner also effects your kids even if they are not yet being directly targeted by your abuser. The National Coalition against Domestic Violence cites academic studies which indicate that witnessing acts of domestic violence is the strongest indicator that a child will eventually abuse his or her own spouse, co-parent or intimate partner. The same studies also indicate that kids raised in a household involving domestic violence are twice as likely to become a future perpetrator.

The bottom line is that Bay Area Restraining Order Attorney Lucy S. McAllister recognizes that victims of spousal rape, domestic abuse, stalking or dominating behavior and their kids need protection now! We work aggressively and quickly to protect our clients and their children. Whether your abuser is driven by substance abuse, anger management issues, irrational jealousy or other factors, we are prepared to file for emergency restraining orders based on ex parte notice where appropriate, which means an act of abuse today can be the basis for a court order tomorrow. Even if the police are summoned to your home and arrest your abuser, San Jose Restraining Order Attorney Lucy S. McAllister can help you obtain restraining orders in the event your spouse or intimate partner is released from custody.

An ex parte emergency hearing can result in orders that grant you exclusive possession and control of the family residence and require your abuser to remain a minimum distance from you, your home and place of work. We may even seek orders for sole temporary custody of your kids with no supervision or supervised visitation to your spouse or co-parent. The orders we seek may also include orders that keep your spouse or other parent away from your kids’ school or daycare provider. We also routinely include a request so that the court can schedule a hearing to make orders for temporary control of certain assets like the family residence as well as alimony, child support and even attorney fees.

If you have been the victim of domestic violence or threats of violence, including but not limited to punches, kicks, slaps, harassment, sexual abuse or other forms of physical or emotional abuse, a restraining order can help ensure your safety while providing other benefits. The judge in an action to impose restraining order may can not only order the perpetrator to stay away from you and other members of your household but also require that the perpetrator relinquish any firearms and move out of the family home (sometimes referred to as a “residential kick out order”). Although there is no requirement that you retain an attorney, we can help you seek appropriate custody and visitation orders as well as financial support.

Bay Area Domestic Violence Restraining Order Attorney Lucy S. McAllister understands the stakes when the safety of her clients and their children are threatened. We offer a confidential consultation so that we can explain your legal rights and the process as well as assess your needs.