Domestic violence restraining orders

Restraining order attorney, San Francisco and San Mateo County

A domestic violence restraining order is decided fast, on declarations, and it reshapes everything that follows: custody, the house, support, firearms, and in some cases immigration and employment. Whether you need protection or have been served with a temporary order, the hearing is not something to walk into alone.

If you need protection

A request can be filed and a temporary order issued the same day without notice to the other party. The declaration is the case: specific incidents, dates, and corroboration where it exists. I prepare requests that are credible to a judge who reads a dozen of them every morning, and I handle the custody and support orders that can be requested in the same proceeding.

If you've been served

You have the right to a hearing, usually within three weeks, and the right to respond in writing before it. A restraining order issued after hearing creates a legal presumption against you in any custody case for five years and may require you to surrender firearms immediately. Do not contact the other party, do not go to the residence even for your belongings without a civil standby, and get your written response filed before the hearing.

What I look at

• Whether the alleged conduct meets the statutory definition of abuse, which is broader than physical violence and includes harassment and disturbing the peace, including coercive control.
• The timing of the request relative to the family law case, and whether it is being used to gain custody or financial leverage.
• Texts, emails, photographs, police reports and witnesses, gathered and presented in admissible form.
• Alternatives where appropriate, including stipulated personal-conduct orders without findings.