Temporary Restraining Orders

January 31, 2024 | By Doppelt and Forney
Temporary Restraining Orders

In San Diego, all are facing extraordinarily hard times due to the State of Emergency and Governor of California Stay At Home Order. This is a time of crisis and, unfortunately, domestic violence is seen to be rising now. The San Diego Family Law Court is closed and no filings for divorce, paternity, legal separation. In addition, Clerk’s Office is closed and no filings for request for orders for custody and visitation and spousal support and child support or other temporary orders.

The Family Law Court, in San Diego, is open for filings for Temporary Restraining Orders and a Judge is assigned to grant or deny on daily business day basis. Victims of domestic violence need to have legal protection and are able to do so.

The Law Office of Doppelt and Forney, APLC has law partners available to prepare the initial pleadings for a TRO as well as process filing with Court and lawful service. These can be very complex and an initial free in-person or virtual consultation, up to 30 minutes, is available during business hours.

In family law, whether a paternity or divorce or legal separation, the Family Law Code applies. There are two primary Family Law Codes for temporary restraining orders: 6203 & 6320. There is no hearing and critical to legally analyze for facts and evidence which support the legal request of granting the TRO. The Judge reviews the pleadings and then rules.

The burden of proof for Judge to issue TRO is preponderance of the evidence and the burden of the party requesting the temporary restraining order to meet. Evidence needs to attached to the initial pleadings and these can consist of police reports, photographs, e mail, texts, social posting, written statement of facts under penalty of perjury on appropriate Judicial Form or as attachment and many others. Also, a statement of facts which include the conduct is mandatory.

An attorney can give you the benefit of their education, training and experience for a realistic expectation for your individual case. It is advised to seek legal consultations with at least three attorneys and then you can make the most informed and intelligent decision for your case.

Family Law Code Section 6203 defines abuse as any of the following:

  • Recklessly or intentionally attempt or cause bodily injury
  • Sexual assault
  • Place a person in reasonable apprehension of bodily injury which is serious and imminent to that person or the person of another
  • Includes any conduct which could have been or is included for grounds in Family Law Code Section 6320

It is important to note that the term “abuse” as used in this Family Law Code Section is not limited to an actual infliction of assault or physical injury.

Family Law Code Section 6320 lists good cause for issuance of a TRO. The following conduct is specifically listed below:

  • Molesting
  • Attacking
  • Striking
  • Stalking
  • Threatening
  • Sexually Assaulting [also specifically listed in Family Law Code Section 6203]
  • Battering
  • Credibly Impersonating
  • Falsely Impersonating
  • Harassing
  • Annoying Telephone Calls
  • Destroying Personal Property
  • Disturbing the Peace
  • Others Not In This List

If the temporary restraining order is granted, the Judge will issue a protective order to the requesting party and can include custody and visitation orders as well as orders for temporary exclusive use of a residence and the attendant residence removal order. The pleadings can be prepared in days and an order is granted or denied same day in normal procedure. The orders must then be lawfully served and the Law Office can assist with this as well

If you are a victim of domestic violence and need a San Diego Attorney to represent you, the Law Office of Doppelt and Forney, APLC has experienced attorneys. You can call 8007694748 to schedule but, during this crisis, the switchboard is closed and e mail is the preferred method of communication. Pleadings can be prepared and send by pdf/scan and then returned and then sent for filing with the Court and work done remotely during this pandemic.