Get The Legal Advice You Need From A Restraining Order Lawyer In Carlsbad CA

by | Feb 28, 2019 | Lawyers

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Victims of domestic violence can receive an added layer of protection by applying for a restraining order. Individuals can receive a restraining order when they are a victim of domestic abuse or if they are facing civil harassment. The only way a victim knows if they are eligible to receive this protection is by contacting a Restraining Order Lawyer in Carlsbad CA.

An attorney will help an individual determine whether there is enough burden of proof, explain the victim’s rights, and whether they should get a restraining order. When an abuser violates a domestic violence law for harassment, burglary, lewdness, criminal trespass, assault, kidnapping, criminal mischief, false imprisonment, or sexual assault a restraining order will set a legal boundary in a victim’s life. An abuser must be a former spouse, current spouse, boyfriend or girlfriend, live-in companion, or the parent of a child in common.

Proving The Case

Proving the case is the important part of the case. The abuser will hire an attorney to fight the order because it can affect their lives. An individual can file for a restraining order alone with the court clerk. The judge will review the grounds for a protective order and make a decision within one business day. A temporary order is issued for three weeks and is called a temporary order.

A hearing will be scheduled after the three weeks and the accused will be permitted to present a defense. During this hearing, a restraining order lawyer in Carlsbad CA will present a victim’s case and aggressively fight for the order. If there are any police reports of the violence, it is important to provide them to the attorney.

Permanent Order

If the individual is the breadwinner of the family, the judge could order them to pay the mortgage, rent or other bills. The judge will outline what contact the abuser will be permitted to have with the victim. It is important for a victim to request the specific items they want the judge to order.

An experienced domestic violence attorney understands the stress an individual is under when they are trying to flee from their abuser. When you are ready to stop the violent life for you or your children, please feel free to Contact us.

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