Domestic Violence Affect a Carlsbad Divorce

What a Restraining Order Can and Cannot Do

Pierre Domercq Domestic Violence

It is important to fully understand what a restraining order can and cannot do, especially in the light of a divorce.  Unfortunately, domestic violence happens in many North County homes each year. In these situations, one or more members of a household could request restraining orders against others who are living with them. It is beneficial for them to know how a restraining order works before they decide whether to request temporary or permanent orders.

Restraining orders for domestic violence can protect people from harm or threats of violence.  They require the restrained person to avoid going near those who want protection and their children, relatives and others with whom the protected person lives.  They cannot go near the protected persons’ pets, homes, jobs or schools. When people get restraining orders against others who live in the same homes, the restrained person must move out.

You need to know what a restraining order can and cannot do in a divorce, especially if you are falsely accused.

Those who are restrained must follow orders for child custody and visitation, pay child or spousal support, and continue paying other specific bills. They are not allowed to make changes to insurance or to have a gun.  Domestic or married partners with restraining orders also cannot make large purchases or do anything that affects the other spouses’ property.  Furthermore, they must transfer cellphone accounts and number rights as well as certain property to the protected persons.

The completion of a 52-week intervention program is required as well.

However, restraining orders cannot end domestic partnerships or marriages.  They also cannot establish the parentage of children between the protected and restrained persons unless both of them agree to parentage and allow the court to rule on it.

People who want protection from others in their homes can file court forms for restraining orders.  Sometimes determining whether to get a temporary or permanent order is hard. Filling out the paperwork and navigating the court process may also be confusing.  Those who need help could rely on the experienced domestic violence and family law attorneys at Burke & Domercq for sound advice and guidance in these matters.  If you have questions about what a restraining order can and cannot do or have been falsely accused and served with an emergency temporary restraining order we invite you to contact Burke & Domercq or call 760-434-3330 to learn more or schedule an appointment.