Puja Sachdev | May 22, 2025 | Domestic Violence
Facing a stalker, abuser, or harasser can be overwhelming and frightening. While a restraining order may seem like an insignificant step in the face of serious threats or violence, it can play an important role in securing legal protection. This court order can provide grounds for enforcement if violated and may also influence related matters such as divorce, custody, stalking, or domestic violence proceedings.
A Couple of Restraining Order Options in California
Not all restraining orders are the same, and when your safety is on the line, you want to know that you’re doing it right to prevent unnecessary delays. These orders vary based on the relationship between the parties and whether the order is temporary or permanent.
Domestic Violence Restraining Order
A domestic violence restraining order may be issued when the offender has a close personal relationship with you. This may include someone you dated, married, had children with, or are related to. You may file for a domestic violence restraining order in person at one of these San Diego Superior Court locations, or you may be eligible to e-file.
In divorce proceedings, you may seek protections regarding minor children. These are often called Automatic Temporary Restraining Orders (ATROS) and remain in effect for both parties until a final judgment is entered.
Civil Harassment Restraining Order
A civil harassment restraining order addresses harassment and abuse in non-intimate relationships. This may include a coworker, boss, or stranger. The Code of Civil Procedure 527.6 allows the courts to grant a temporary restraining order to prevent further harassment.
Civil harassment orders are typically used in cases involving stalking, threats, or abuse by someone with whom you do not have a close personal relationship, such as a coworker or neighbor. You can find application packets here to request your temporary order.
What Do I Need to Get a San Diego Restraining Order?
To qualify for a restraining order against someone harassing you, you must show evidence that the person is abusing or harassing you in a way that gives you reasonable fear for your safety. This may include:
- Intentionally or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Engaging in behavior that has been or could be illegal, including assault, molestation
- Destroying personal property
- Repeatedly contacting the individual by mail, telephone, or otherwise attempting to disturb the peace of another party
In addition to active threats of harm and disruption of your sense of well-being and safety, you may be eligible for a restraining order if you have evidence of stalking. Under California law, this is defined as someone who willfully or maliciously and repeatedly follows or harasses an individual to a degree that they are in reasonable fear for their safety or that of their immediate family.
Tips for Getting a Restraining Order in San Diego
Filing for your restraining order is only the first step. Here are several tips to help you know what to expect and get through the process:
- Be prepared to present evidence, including police reports, medical records, or records of threats or violence.
- Prepare yourself for different outcomes.
- Take advantage of support services.
- Report violations right away.
You may bring everything to the table with a strong case and still find yourself facing a less-than-favorable outcome. If this happens, it is important to discuss alternative options with an attorney.
How a Restraining Order Can Help You
Legally enforceable restraining orders restrict the abuser from contacting or coming near you, helping to create a safer environment. Whether the danger stems from domestic violence, stalking, or other harmful behavior, the order can include provisions for personal safety, child custody, and residence exclusion.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a complimentary case evaluation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
Contact Our Family Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
