Restraining Orders
Domestic Violence Prevention in San Diego

Do you need a temporary restraining order to protect you? Have you been served with a temporary restraining order? Nancy Stassinopoulos, a Certified Family Law Specialist, can assist you. I represent both men and women in these difficult cases.

Domestic violence is a growing problem in American society. The victims include persons of all ages, who may or may not be related to each other.

Persons who need protection from an abusive family member can file a Petition under the Domestic Violence Prevention Act to obtain a temporary restraining order (TRO). The TRO is issued without prior notice to the restrained person, based upon the sworn testimony of the person seeking protection. The TRO can require the restrained person to move out of a shared residence, to stay 100 yards away from the protected person and any household members, and to stop contacting the protected person. The law requires a hearing on the TRO within a short time frame. At the hearing on the TRO, the court will consider the testimony of both parties, and if sufficient legal grounds exists, the court can extend the temporary orders for up to five years.

The Family Court in many counties provides free legal assistance to persons who need to file for restraining orders. There is no filing fee, and the sheriff will serve the TRO without charge. Unfortunately, some people file for TROs with false or exaggerated claims of abuse. That is why the court must hold a hearing within a short time to determine whether there is sufficient evidence to extent the TRO.

A TRO can have a serious impact on the restrained personís rights to continued employment if he or she is in the military or in law enforcement. This is because the TRO prohibits the restrained person from possessing or purchasing firearms.

If you are in the military or in law enforcement and you have been served with a TRO, you need legal advice immediately. Contact Nancy Stassinopoulous, with more than 30 years of family law experience, for a consultation. Even if you do not carry a weapon on your job, you should get legal advice if you are served with a TRO. Having a 5-year restraining order on your record may interfere with your rights to child custody and visitation, and with your ability to work in some jobs.

If you are the protected person and the restrained person hires an attorney, you may need to get your own attorney to represent you at the hearing.