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Restraining Orders

Restraining Orders2020-10-29T03:08:53+00:00

Criminal Law Attorney Helping Residents of San Diego and Surrounding Areas

If you may be pursuing or defending against a restraining order, it is important to seek assistance from a San Diego restraining order lawyer who can help you protect your rights to the fullest extent of the law. No matter the situation in which you find yourself, criminal law attorney Roseline D. Feral can help. With nearly 30 years of experience, Attorney Feral has the skills and resources to handle your case.

Types of Restraining Orders Available in California

A restraining order, also sometimes known as a “protective order,” is a court order that may protect someone from being physically or sexually abused, stalked, or harassed. In California, four types of restraining orders are recognized under the law.

Domestic violence restraining orders protect a person from abuse by someone with whom the individual has or has had a domestic relationship, such as a spouse, romantic partner, ex-spouse, parent, co-parent, child, family member, or roommate. Domestic violence may take many different forms, including physical aggression, sexual or emotional abuse, economic exploitation, psychological actions, or threats of actions. Additionally, engaging in any behavior that has been or could be considered as molesting, attacking, striking, stalking, threatening, battering, harassing, or placing an individual in reasonable apprehension of imminent serious bodily harm would be sufficient to show domestic violence.

Meanwhile, another type of restraining order protects elders or dependent adults from physical, emotional, or financial abuse. It also protects elders and dependants from neglect and abandonment. Under California law, an elderly person is someone who is over the age of 65, while a dependent adult is someone between the ages of 18 and 64 who suffers from certain mental or physical disabilities that keep them from being able to do normal activities.

A civil harassment restraining order may be sought against someone who is harassing you. “Harassment” in this context means violence that is not lawful, credible threats of violence, or any knowing or willful pattern of conduct that causes serious alarm, harassment, or harm that is not justified by some legitimate purpose. It is important to note that this type of restraining order may be appropriate if the two people involved do not have a close relationship or any type of family relationship.

Finally, a restraining order to stop workplace violence is a particular type of court order that is designed to protect an employee or employees from unlawful violence or credible threats of violence at the workplace. Under California law, a court may order the person not to harass or threaten the employee, not to contact or go near the employee, or not to have a gun. The restraining order may last up to three years, depending on the specific facts of the case.

Discuss Your Situation with a Restraining Order Lawyer in San Diego

Restraining orders are designed to set limitations on people’s conduct and keep victims safe. However, they are not always warranted and may be based on unfounded allegations. If you are on either side of this situation, it is important to consult a San Diego restraining order attorney to navigate the complicated process. At the Law Offices of Roseline D. Feral, we represent people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, as well as other cities. For a free consultation about your legal rights and options, contact us online or call our office at 619-232-1010, or you can reach Attorney Feral directly at 619-301-1191. She also represents people who need a divorce attorney or assistance with other family law matters.

Civil Harassment Restraining Orders2020-10-29T02:31:00+00:00

San Diego Attorney Skilled in Criminal and Civil Disputes

Nobody deserves to be abused, stalked, harassed, or threatened. If you have been a target of this behavior from someone outside your household, you may be able to obtain a civil harassment restraining order. San Diego restraining order lawyer Roseline D. Feral also works diligently to defend people who are being restrained by these types of orders when they are based on unfounded allegations. Obtaining or defending against a restraining order tends to be a complicated process, which is why it is important to have an experienced attorney on your side.

 

The Role of a Civil Harassment Restraining Order

In general, civil harassment consists of abuse, threats of abuse, stalking, sexual assault, or serious harassment. Section 527.6 of the Code of Civil Procedure defines “harassment” as:

 

  • Violence that is not lawful, such as assault, battery, or stalking
  • Credible threats of violence
  • The threats of violence seriously frighten, annoy, or harass an individual and are not justified by some legitimate purpose

 

A civil harassment restraining order is a court order that protects victims of the type of harassment described above. This type of restraining order forbids a restrained person from annoying, harassing, striking, following, or disturbing the peace of the protected individual. This may include contacting the individual or members of their household, going near them (typically within 100 yards) or members of their household, going near their workplace or their school or their child’s school, or having a gun. Depending on the circumstances, the court may issue a restraining order for up to five years. The presence of a civil harassment restraining order is shared by police officers across the state of California.

 

It is important to note that civil harassment is different from domestic violence. The latter requires that there be some relationship, such as being married or domestic partners, dating or former dating partners, living or having lived together, or having a child together. When it comes to obtaining a civil harassment restraining order, no such relationship is required. The person whom you want to restrain may be a neighbor, a roommate (as long as you never dated), a friend, a family member more than two degrees removed (like an aunt or uncle or a cousin), or other people to whom you are not closely related.

 

There is no requirement that the restrained person engage in violent acts toward you. Instead, the perpetrator’s conduct must be upsetting enough that it would cause substantial distress to a reasonable person. As a result, a mere argument or verbal dispute with a stranger, roommate, or neighbor would not be sufficient to seek a civil harassment restraining order. However, conduct threatening violence would be adequate. The communication may be in the form of threatening phone calls, voicemails, text messages, e-mails, Facebook messages, tweets, or any other social media communications. The person seeking the protection must also show that the behavior caused them substantial emotional distress.

 

In order to defend against a request for a civil harassment restraining order, you must file a CH-120, which is a Response to Request for Civil Harassment Restraining Order. In order to obtain a civil harassment restraining order, the plaintiff needs to prove the conduct by clear and convincing evidence in court. A skilled lawyer can help you defend yourself if that threshold is not met.

 

Contact a San Diego Lawyer to Discuss a Restraining Order

Whether you require a civil harassment restraining order or you feel that such an order has been unfairly issued against you, we can help. With over 30 years of experience, Attorney Roseline D. Feral is an experienced San Diego lawyer who understands how to navigate cases in the civil and criminal systems. We also can assist residents of Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, as well as other cities. For an initial appointment, you can contact us online or call our office at 619-232-1010. You can also reach Attorney Feral directly at 619-301-1191. She can also help people who need a domestic violence attorney or representation in seeking or fighting back against any of the other restraining orders available in California.

Domestic Violence Restraining Orders2020-10-29T02:30:28+00:00

Family Law Attorney Serving San Diego and Surrounding Communities

Domestic violence is a serious problem in Southern California. If you have been or are in a relationship in which abuse has played a role, it is important to seek help and protection from a San Diego restraining order lawyer. Roseline D. Feral understands that these situations are difficult for everyone involved, and she can handle a matter involving a domestic violence restraining order with the utmost compassion and diligence.

 

Understanding the Function of a Domestic Violence Restraining Order

Domestic violence includes abuse or threats of abuse when the individual being abused and the alleged abuser are or have been in an intimate relationship, such as being married, being domestic partners, dating or having previously dated, living or having lived together, or having had a child together. It also includes situations when the abused person and the allegedly abusive person are closely related by either blood or marriage.

 

The California law on domestic violence defines abuse as physically hurting or trying to hurt someone, committing a sexual assault, or making someone reasonably fearful that they or someone else are about to be seriously harmed. Behavior such as harassment, stalking, threatening or hitting someone, psychological abuse, emotional abuse, or property destruction is also considered domestic violence. More specifically, abuse may also encompass kicking, shoving, pulling hair, throwing things, or following the victim.

 

Domestic violence restraining orders may be sought on a temporary basis without notice to the other party. This happens by filing a request for a temporary restraining order (TRO) with the Family Court. If the judge believes that you are at risk of harm, they will grant you a TRO. It is relatively straightforward to obtain a TRO. In other words, the evidentiary standard for obtaining a TRO is not demanding, and as long as there is some reasonable basis for the request, the court will typically grant it.

 

If the court issues the TRO, it will set a hearing within approximately 21 days to determine if a permanent restraining order is needed in your case. Once the TRO is issued, the documents detailing it will be served on the restrained party. That person then has an opportunity to file a response or “answer” to the request for a restraining order.

 

At the hearing, the restrained party has a chance to dispute the allegations against them. If the court determines by “clear and convincing evidence” that domestic violence or the threat of domestic violence is present, a permanent restraining order (PRO) will be issued. It is important to note that the “clear and convincing” standard is a relatively high standard of proof. It requires the person seeking the order to prove that the allegations are substantially more likely than not to be true.

 

“Permanent” in this context does not mean that the PRO will last forever. Instead, a PRO may last up to five years. If the PRO does not list a termination date, it will expire three years from the date that it was issued. The judge has discretion to issue the PRO for any amount of time that they deem appropriate. When the PRO is about to expire, the protected person may request that the court renew the order. At that time, the court will re-examine the issues and make a decision accordingly.

 

Protect Your Safety by Consulting a Domestic Violence Lawyer in San Diego

If you are considering obtaining a domestic violence restraining order, you should not delay in reaching out to a capable San Diego attorney who can help guide you through the process. Our firm can explain your options to you and stand by your side during the entire case. Roseline D. Feral represents individuals in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other cities. for a consultation, you can contact us online, call our office at 619-232-1010 , or call Attorney Feral at 619-301-1191. She also can represent people who are seeking a family law attorney or a criminal defense lawyer.

Elder & Dependent Adult Abuse Restraining Orders2020-10-29T02:29:53+00:00

San Diego Attorney Helping Protect Vulnerable Senior Citizens

Elder and dependent adults are a vulnerable segment of the population, which is why certain laws have been created to protect them from abuse. If you are an elder or dependent adult who is being abused, or if you know someone who is suffering from abuse, you should contact a skilled San Diego restraining order lawyer who can vigorously assert your rights and help you take the appropriate legal steps. With over 30 years of experience, Roseline D. Feral can help you if you are seeking an elder or dependent adult abuse restraining order.

 

Eligibility for Elder and Dependent Adult Abuse Restraining Orders

While there is no national reporting system for tracking elder abuse, the National Center on Elder Abuse approximates that between one and two million people over the age of 65 suffer from some form of abuse, including exploitation, injury, or other types of mistreatment by a caretaker. Unfortunately, the people whom we expect to care for the elderly are often those who perpetrate the abuse. For example, family members, hired caregivers, and nursing home employees are often charged with having exploited elderly individuals.

 

An elder or dependent adult may ask for a restraining order if they are 65 years old or older, or if they are between the ages of 18 and 64 and have certain mental or physical disabilities that prevent them from being able to carry out normal activities or protect themselves. Moreover, they must have suffered from one of the following behaviors:

 

  • Physical or financial abuse
  • Neglect or abandonment
  • Treatment that has physically or mentally hurt them
  • Deprivation by a caregiver of basic things or services that they need so that they will not suffer physically, mentally, or emotionally

 

In many cases, you may qualify for an elder or dependent adult abuse restraining order as well as a domestic violence restraining order. A domestic violence restraining order is appropriate when a person such as a spouse, a child, or a grandchild is perpetrating the abuse. A skilled restraining order lawyer can thoroughly examine the facts of your case and determine whether you may qualify for both types of restraining orders.

 

A request for a restraining order may be brought by the elderly person or dependent adult, as well as a conservator, agent, or power of attorney with authority to act on behalf of the elder abuse victim. The court may grant an ex parte (emergency) Temporary Restraining Order (TRO) on the same day that the request is made or no later than the next court day. Generally, the court will also schedule a hearing on whether to grant a permanent restraining order within 21 days of the TRO being issued. At this hearing, the person seeking the restraining order has a chance to establish evidence of the elder or dependent adult abuse.

 

Once a restraining order is issued, the restrained person may be required to refrain from going to certain places or doing certain things. They may need to move out of their home, and they may be prohibited from owning a gun. There may be other conditions that apply based on the circumstances of the specific case.

 

Contact a San Diego Lawyer Regarding an Incident of Elder or Dependent Adult Abuse

Unfortunately, elder abuse is more common than you may think in California. If you know of an elder or dependent adult being abused, a restraining order may be a powerful tool in preventing further harm. A skilled San Diego attorney can help you take action as needed so that the abuser no longer plays a role in your life. We also represent people in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. For more information about your legal options, contact us online, call our office at 619-232-1010 , or reach Attorney Feral directly at 619-301-1191. We also can assist people who need a domestic violence lawyer to seek a domestic violence restraining order.

Permanent Restraining Orders2020-10-29T02:23:06+00:00

Domestic Violence Attorney Helping People in San Diego and Beyond

If you are in a position where you are seeking or defending a permanent restraining order against someone, it is imperative to reach out to a skilled San Diego attorney who can help you understand your options. The process of obtaining a permanent restraining can be complex and having the right attorney on your side can be extremely beneficial. With over 30 years of experience, you can rest assured that San Diego domestic violence attorney Roseline Feral understands the nuances of this area of law and can put that knowledge to use in your case.

 

Understanding Permanent Restraining Orders

A restraining order is a court order designed to protect a specific individual from being physically abused, sexually abused, stalked, harassed, approached or even contacted. Upon an initial allegation of abuse, the court often issues a temporary restraining order (TRO). A TRO can be obtained ex-parte (without notifying the other party) in cases where there is reasonable proof that there has been harassment in the immediate past. Once the TRO is issued, the court will typically order a hearing within 21 days to hear from both parties involved and determine whether a permanent order is necessary. The TRO remains in effect until the date of the hearing.

 

At the hearing, the court may decide that a permanent restraining order (PRO) is not necessary. In such an instance, the TRO will be dissolved and the matter will be terminated. On the other hand, if a court hears both sides and determines by “clear and convincing” evidence that unlawful harassment exists and would likely continue in the future, the TRO can be converted to a PRO. You should know that “clear and convincing” is a relatively high standard or proof. It requires the plaintiff to prove that a particular far is substantially more likely than not to be true.

 

A PRO can last up to five years. However, if there is no termination date on the order, the order will last three years from the date that it was issued. Of course, the order can be issued for shorter than three years as well based on the judge’s discretion. During the last three months of the PRO, the protected individual can ask the court to renew the order.

 

Intentionally and knowingly violating a PRO is a serious criminal offense, which can subject an individual to arrest for misdemeanor Contempt of Court and can result in a number of penalties including jail time, fines, anger management classes and mandatory counseling.

 

Discuss Your Situation With a San Diego Domestic Violence Lawyer

Permanent restraining orders are not a legal subject to be taken lightly. If you are seeking or defending against a permanent restraining order, a San Diego attorney experienced in domestic violence matters can help. We are dedicated to protecting your rights to the maximum extent possible. Please note that we take on clients from Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. To discuss your case in detail, please email us or call our office at 619-232-1010. You may also call Attorney Feral directly at 619-301-1191. We also handle other types of criminal defense, including DUI, drug crimes, and theft crimes.

Temporary Restraining Orders2020-10-29T02:22:33+00:00

Domestic Violence Attorney Advocating for San Diego Residents

If you fear for your safety, you should speak to a skilled San Diego restraining order lawyer about getting a temporary restraining order (TRO). Since a TRO against you may seriously limit your activities, you should also consult an attorney if someone tries to take a restraining order out against you. With over 30 years of experience in the San Diego area, experienced restraining order lawyer Roseline D. Feral has the skill and understanding to handle your case.

 

The Role of Temporary Restraining Orders

A restraining order is a civil order that may be sought by an individual who believes that they are in danger of being sexually or physically abused, harassed, or stalked. A TRO is designed to provide immediate, emergency relief on a short-term basis by protecting someone from a threatening or violent person. A TRO is appropriate when there is a risk that irreparable harm will take place too soon to be prevented by a standard motion for an injunction, which typically takes three weeks.

 

TROs may be appropriate in cases involving domestic violence, child abuse, elder abuse, failed business relationships, and other situations in which a person or the person’s property may be at risk of harm. The statutory authorization for a TRO as well as a preliminary injunction may be found in Code of Civil Procedure section 527. Furthermore, California Rule of Court 3.1150 also governs preliminary injunctions, and California Rules of Court 3.1200 through 3.1207 govern ex-parte notices. The person seeking the TRO is known as the petitioner, whereas the person potentially being restrained is known as the respondent.

 

To obtain a TRO, you will need to complete certain paperwork and tell the judge about your situation and why you need this type of protective order. If the judge believes that you are at risk of harm, they will grant you a TRO. It is important to note that your attorney or you must be personally present when a request for a TRO is made.

 

TROs typically last between 20 and 25 days until the court hearing. At the hearing, the judge will determine if there is sufficient evidence to grant you a permanent restraining order. A permanent restraining order requires a higher burden of proof than a TRO.

 

A TRO may be granted ex parte if the petitioner establishes a threat of a serious or permanent injury. This simply means that a TRO may be granted without notice to the other party if the applicant shows, through an affidavit or a verified complaint, that a great or irreparable injury would result. It may be useful to be aware that harm to real property is considered irreparable, due to the presumption that each piece of land is unique.

 

Consult a Restraining Order Lawyer in the San Diego Area

If you need help getting or defending against a temporary restraining order, you should not delay in reaching out to a seasoned attorney who can help you through the process. San Diego restraining order attorney Roseline D. Feral understands the nuances of this area of the law and can put her knowledge and experience to use in your case. Our office represents people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, El Cajon, La Mesa, Bonita, National City, Valley Center, and Vista, as well as other Southern California cities. You can feel free to contact us online or call our office at 619-232-1010 , or call Attorney Feral directly at 619-301-1191 , To set up a consultation with a restraining order or criminal defense attorney.

Workplace Violence Protection Restraining Orders2020-10-29T02:21:56+00:00

San Diego Attorney Helping You Pursue or Defend Against a Civil Injunction

No one should need to worry about their personal safety when they go to work. And no one should be falsely or wrongfully accused of workplace violence. As a result, whether you need to file for or defend against a workplace violence protection restraining order, a San Diego restraining order lawyer should assist you. With over 30 years of experience, Attorney Roseline D. Feral knows how to protect your rights and safety at your job. She can help you determine whether a restraining order may be appropriate or persuade a court that you should not be subjected to a restraining order.

 

Understanding the Role of Workplace Violence Protection Restraining Orders

Unfortunately, employees are sometimes targets of violence or threats at their place of work. These may include threats of physical violence. To guard against these hazards, California law allows a special form of restraining order to be obtained for the protection of employees, independent contractors, or volunteers engaged in work-related activities who have their safety undermined by actual or threatened violence, harassment, or stalking on the job. In California, a court has the power to order a person who is the subject of a restraining order not to:

 

  • Harass or threaten the employee
  • Contact or go near the employee
  • Possess a gun

 

A workplace violence restraining order must be sought by an employer on behalf of the employee who requires protection. The duration of the restraining order will vary depending on the specific circumstances. In some cases, it may last for up to three years. The order is sometimes used to protect family and household members of the employee as well, if they are also deemed to be at risk of harm. However, it is important to note that employees may not ask for a workplace violence protection restraining order for themselves.

 

For an employee to be able to get a restraining order, the employer must show that the employee has faced illegal violence or a credible threat of violence. The illegal violence or threat of violence must reasonably be interpreted to be carried out or to have been carried out at the victim’s place of work. The behavior must not be permitted as part of a legitimate labor dispute, and the alleged perpetrator of the violence must not be engaging in constitutionally protected activity. A “credible threat of violence” is defined as deliberately saying something or acting in a manner that would make a reasonable individual fear for their safety. Examples of this behavior include stalking, harassing phone calls, verbal or written threats, and more.

 

Restraining orders are civil orders and are not criminal proceedings in and of themselves. However, if the restrained party violates the order, the violation may be charged as a misdemeanor with the possibility of jail time for up to one year. In addition, a violation of a restraining order may be charged as “contempt of court,” which also carries potential jail time. If you feel that a workplace violence protection restraining order has unfairly been issued against you, you need to contact an attorney as soon as possible. We can thoroughly read the documents that the other party filled out and examine them for any incorrect statements or misleading evidence before coming up with a legal strategy accordingly.

 

Contact a Restraining Order Lawyer in the San Diego Area

Whether you are pursuing or defending against a workplace violence protection restraining order, San Diego attorney Roseline D. Feral can offer vital assistance. Our firm has extensive experience in all aspects of restraining order cases. We represent people in many Southern California cities, including Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. For an initial consultation, contact us online or call us at 619-232-1010. Alternatively, you may be able to speak to Attorney Feral directly at 619-301-1191. She also can assist people who are seeking a domestic violence lawyer or guidance in handling proceedings related to other types of injunctions.

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