Restraining Orders and Family Law

Restraining orders are designed to protect those in relationships from violence or the threat of violence, and they are sometimes employed during divorce and other breakups. When emotions and stress run high, such as during divorce, in child custody battles, when alimony is contested, and beyond, restraining orders can play an important role, and they can also directly affect the involved legal proceedings in a number of primary ways. If you have questions or concerns regarding restraining orders, do not wait to reach out for the skilled legal guidance of an experienced California family law attorney.  

Obtaining a Restraining Order

Restraining orders are also called orders of protection, and they are issued by judges in order to limit interactions between two people when there is a concern regarding either party being harmed. The judge assesses the facts involved and determines the provisions to include in the restraining order, which can address any combination of the following:

• The need for the offending party to maintain physical distance from the other
• The need for the offending party to cease all contact with the other
• The need for the offending party to vacate the residence they share with the other

Civil Domestic Violence Restraining orders are obtained by filing a request in family court. Temporary restraining orders can be issued quite quickly with no need to establish direct evidence. Once the threat is investigated and established, a more lasting order can be issued.

Divorce

When one or both parties in a divorce have a restraining order against the other, the spouses generally are not allowed to engage in divorce negotiations directly with one another. In some cases, couples are also barred from communicating via phone calls, letters, and texts – as well as other forms of electronic communication. A restraining order does not, however, interfere with a couple negotiating divorce terms through their respective attorneys. 

Child Custody

Whether a restraining order against one spouse affects their ability to spend time or communicate with the children depends on the particular case. Each case follows its own unique course, and the judge places limits in accordance with the circumstances involved. Ultimately, however, child custody orders are always guided by the involved children’s best interests. When a restraining order affects only the contact between the parents, child custody exchanges may be set up to take place at the home of a neutral third party or other safe location.   

Seek the Legal Guidance of an Experienced California Family Law Attorney Today

The practiced California family law attorneys at Miranda, Magden & Miranda, LLP, dedicate their practice to zealously protecting our clients’ rights and safety throughout the legal process. Learn more by contacting us today.