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Southern California Family Law

How to Get a Family Law Restraining Order Against a Spouse

Legal Help - January 24, 2020

How to Get a Family Law Restraining Order Against a Spouse

Navigating a divorce is never easy, but if your spouse has committed or threatened domestic violence, the situation can become dangerous. It is important to know that you have protection from the court system in the form of a family law restraining order, and a Los Angeles domestic violence lawyer is the fastest and most effective way of securing a restraining order against your spouse. When it is safe to do so, call or contact the Simpson Law Group today to speak with a qualified attorney about your case.

What is a Family Court Restraining Order?

A family law restraining order is also known as a domestic violence restraining order. You can ask the court for an emergency or temporary domestic violence restraining order against a spouse if your spouse has abused you or a member of your household. Domestic violence restraining orders can be filed against someone you have a qualifying relationship with such as a spouse to whom you are still married, separated from, or in the process of divorcing. The restraining order can apply to you, your children, and possibly other household members.  

How can a Domestic Violence Order Protect Me?

Family law restraining orders can protect you and your loved ones during a divorce if you believe that you are in imminent danger from your spouse or if your spouse has already committed violence against you or a family member. These orders can mandate that your spouse stay a certain distance away from your home, work, a child’s school, and any other important locations. This order can help you secure temporary and possibly permanent custody of your children as well as force your spouse to move out of the family home and cut off all contact during the divorce proceedings. When you are able, reach out to an experienced domestic violence attorney to learn more.

A domestic violence restraining order can also require that your spouse abide by the following:

-No calling, texting, or emailing you and your loved ones;

-No attacking, striking, or battering;

-No threatening;

-No harassing or disturbing your peace;

-No destroying personal property;

-Staying a certain distance away from you and members of your household, vehicles, and places where you normally frequent; and

-Turning over any firearms and not purchasing additional firearms while the order is in effect. 

If your spouse is found in violation of a family law restraining order during your divorce or at any time while the order is in place, the consequences can be serious. Your spouse could face jail time, significant fines, or both. The court also takes violations of a restraining order into consideration when making determinations about child custody, visitation schedules and how long restraining orders will remain in effect.  

Why You Need a Los Angeles Domestic Violence Lawyer

A Los Angeles domestic violence attorney can help you safely and quickly secure a family court restraining order against your spouse. Your lawyer will fill out all of the necessary paperwork for your case and can do so without your spouse knowing. An attorney with experience in domestic violence knows exactly what to ask for in your case to maximize your protection and can help facilitate the process of notice and service of the restraining order to your spouse if the court has granted the order.

Initial family law restraining orders are temporary and require a full hearing, scheduled shortly after the Temporary Restraining Order is granted,  in order to extend the restraining order for a longer time period. 

Talk to Our Office Today

To learn more about getting a family law restraining order against your spouse during a divorce, call or contact our office at the Simpson Law Group when it is safe to do so. Our team of professionals will help you get a restraining order as soon as possible to protect you and your loved ones.

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