Restraining Orders What Are the Different Types of Family Law Restraining Orders?

Because of the conflict that often accompanies family law proceedings, the family law court has significant discretion to prohibit parties from behavior that harms family or community interests.

A temporary restraining order automatically comes into effect when a family law summons is filed and served. The automatic temporary restraining order prohibits child move-aways and property transfers or extraordinary expenditures without court permission during the family law proceedings.

A protective order prohibits ongoing or imminent abuse, and can be issued in connection with a family law proceeding. This type of order prohibits assaultive or harassing conduct against the other party, and prohibits the subject from destroying the other party’s property. It may also prevent the subject from insulting the other party in front of their child, or prohibit the subject of the restraining order from dwelling in the family residence, even if the subject has an interest (ie, the subject’s name is on the lease or mortgage) in the residence. Lastly, this order requires the subject to surrender all firearms in his or her possession, and prohibits the subject’s use or possession of firearms.

A protective order can be issued with or without notice and a hearing, but if an order is issued without a hearing, a hearing must eventually occur if the order is to continue for a significant length of time. Before the hearing, the court will review a criminal background check of the proposed subject of the protective order: the court is more likely to issue an order if the subject has previous felony or abuse convictions, or is on parole or probation.

During family law proceedings, the court may award temporary joint or sole custody and define visitation rights. The standard for determining custody and visitation is the best interests of the child, and the court will consider previous instances of abuse in determining custody and visitation. The court may also consider whether a party has tried to move-away with the child without the court’s permission or the other party’s consent.

The court also has discretion to order either or both parents to pay child support, and one party may be ordered to pay the other spousal support. These orders can have a significant impact on a party’s finances.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.