Do You Need a Restraining Order: Here’s What You Need to Know

Saturday, August 18, 2018 | 1:28 am

Restraining orders are a controversial topic in the world of family law. While they can, and do, offer protection for you and your family, they can also negatively affect it as well.

Attorney Donald P. Schweitzer explains how you can get a restraining order specifically for domestic violence as well as the best way to handle these types of situations when they occur:

According to Attorney Schweitzer, obtaining a domestic violence restraining order in California requires the relationship with your partner to meet a certain number of guidelines. Firstly, you have to be in an intimate relationship. This can range from being married, living together, or simply dating with someone.

Next, Donald says you must examine the behavior of the offending person. California’s family code dictates that domestic violence can include a wide range of things including the more obvious assault and threatening behavior along with harassment and any actions that can be seen to disturb the peace.

According to Attorney Schweitzer, you have to prove to the court why they should issue a restraining order. While testimony alone can be enough to convince a court, Donald states that it is safer to gather as much as evidence as possible. This can be threatening or harassing messages, photographs of injuries to people and/or property, and statements from witnesses.

It can be hard to look at what is happening to you with an objective eye, but the attorney advises that this is what you do before applying for a restraining order. “If your evidence is pretty thin, or not showing domestic violence, the court is unlikely to decide in your favor,” says Attorney Schweitzer.

This doesn’t mean that your options are as limited as you think in most cases. Instead applying for the domestic violence restraining order, you could try issuing a cease and desist letter or email to the other party says Attorney Schweitzer. If the negative behavior continues, you can build a tower of evidence that will help your case when applying for a restraining order.

Attorney Schweitzer knows that applying for a restraining order can be an emotional and difficult task. If you’re struggling with issues of domestic violence and need professional help, consult Attorney Donald P. Schweitzer today right away, and let his firm get to work on making the justice system work in your favor.

The Law Offices of Donald P. Schweitzer are located at 201 South Lake Ave Ste. 800, in Pasadena. For more information call (626) 683-8113 or visit http://www.pasadenalawoffice.com/.

 

 

 

 

 

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