Mens Family Law & Divorce Attorneys San Diego

San Diego Restraining Orders Defense Lawyers
Defending Your Legal Rights

The period in a marriage prior to a divorce beginning can be a difficult and heated one for everyone involved.  There are times when these heated moments lead to things being said that are not necessarily meant, but that which can carry significant consequences.  Specifically, men can face the prospect of being served with a restraining order if any threats are made, and this order can inflict harm not only on a man’s overall lifestyle but can also impact the pending divorce in a negative manner.  If this is a situation you face, seek the help of San Diego restraining order defense lawyers as soon as possible.  Below is an overview of this issue.

What Prompts the Seeking of a Restraining Order

In order for someone to seek a restraining order on someone else, that person must show a court that she has been threatened in a credible manner.  Specifically, this means that the petitioner must show that she reasonably believes that threats that were made were real and that she fears that these threats will be carried out.

Of course, more than just the word of a petitioner must be offered in order for a restraining order to be granted.  The petitioner must present clear and convincing evidence to the court that harassment and/or threats have occurred, and that this restraining order is necessary to ensure her safety and protect her right not to be harassed.

Consequences of a Restraining Order

Restraining orders often known as CLETS orders are public orders.  This means that it is possible for someone’s employer to find out if such a step has been taken against an employee.  In addition, someone who has a restraining order against him must be wary of violating that order, for if the order is violated even accidentally that person can be brought to jail.  Finally, someone who has a restraining order against him cannot own firearms while the order is in effect.  This can have a severe consequence against a person who needs to carry a firearm in the course of their employment in the military or law enforcement.

Defenses to a Restraining Order and Reasons for Doing So

Fortunately, there are defenses to restraining orders when the court orders a hearing to determine if it should be extended for a period of several years.  The person against whom the restraining order is sought can request proof of harassment or threats beyond the word of the petitioner, and witnesses can be brought to support positions.

In addition, anyone who faces this type of sanction should take steps to defend himself as soon as possible because the existence of a restraining order can have significant negative consequences against someone who is about to litigate a divorce, especially when it comes to child custody or child visitation.

If you face this threat and you want to defend your rights, contact the San Diego restraining order defense lawyers at the Law Offices of James D. Scott immediately to schedule an initial consultation.