Domestic Violence Lawyer in San Diego, California
If you are experiencing domestic violence, a San Diego domestic violence lawyer can help you get a restraining order, protect your children and finances, and file for divorce safely. California’s Domestic Violence Prevention Act protects against physical abuse and against coercive control. Smith Family Law, APC handles these cases with the urgency and privacy they demand.
Your primary priority right now should be your safety, your children’s safety, and your pet’s safety. When it comes to getting safe, trust your gut. You know your former partner best. While seeking a domestic violence restraining order might be the best option for many, it might not be the best option in all situations. The domestic violence lawyers in San Diego, California at Smith Family Law can help you understand your options, help you seek a domestic violence restraining order, or connect you with local victims’ advocacy organizations that can help you develop a safety plan or help you seek shelter while you take the legal steps necessary to get free of your ex.
You might be facing a range of concerns including:
- Should I get a restraining order against my ex?
- How do I get a restraining order against my ex?
- How do I protect my children and pets when leaving a violent ex?
- Can I seek sole custody of my children?
- What can I do to protect my assets and money, especially if my ex has used finances to control me?
- How do I file for divorce when there has been domestic violence?
The domestic violence lawyers in San Diego, California can help you seek a domestic violence restraining order and help you understand your options when it comes to developing a safety plan. We can help you take steps to protect your children, through seeking sole custody or supervised visitation. We can also help you take steps to protect yourself financially, if you are trying to leave a financially abusive relationship. Finally, our domestic violence lawyers in San Diego, California understand the unique challenges individuals face when leaving a violent or abusive marriage, and we are here to walk you through your divorce, every step of the way.
Thinking of Leaving an Abusive Relationship in San Diego, California?
The time when you are at greatest risk of getting hurt or facing increased acts of violence is when you choose to leave a relationship that has included domestic violence or abuse. Statistically, an abusive partner’s violence escalates when they feel like they might be losing control of their partner. Choosing to leave can be seen by an abuser as one of the greatest threats to their ability to control you. In some cases, situations where there was only verbal or emotional abuse can escalate to include physical violence. In cases where there was physical violence, the acts of violence can escalate rapidly or become more life-threatening and dangerous for victims, children, and pets. Individuals might be at greatest risk if they notice that their partner’s acts of violence or control have increased in severity in a very short time. In situations involving domestic violence, violence tends to increase over time.
When leaving an abusive relationship, it’s important to have a safety plan in place. The National Domestic Violence Hotline and other local organizations can help you develop a safety plan to help you leave your relationship. Getting a domestic violence restraining order might or might not be part of your safety plan. The domestic violence lawyers in San Diego, California at Smith Family Law can also help.
When leaving an abusive relationship, your priority should be to protect your safety, your children’s safety, and the safety of your pets. Is there a safe place you and your children or pets can go where your former partner cannot find you? In some cases, it might be safest to just leave, without even telling your partner that you’ll be leaving. A domestic violence restraining order could require that an abusive partner vacate your shared home. A domestic violence lawyer in San Diego, California may be able to help you with this.
You might also want to let friends, family members, neighbors, co-workers, and teachers know what is going on. If you still live with the person who has been abusing you, it can be helpful to know the exits to your home and have a go-bag packed with all your important medications, documents, and other necessary items.
Every situation is unique. When it comes to leaving a relationship involving abuse or domestic violence, it’s important to trust your gut. Reach out for support. The National Domestic Violence Hotline offers 24/7 support. The domestic violence lawyers in San Diego, California at Smith Family Law are here to offer you legal support, including helping you file a domestic violence restraining order, helping you file for sole custody or supervised custody, and helping you file for divorce.
How Do I Get a Domestic Violence Restraining Order in San Diego, California?
To file for a domestic violence restraining order, you’ll need to fill out a Domestic Violence Restraining Order Packet.
Here is the packet for individuals without children.
Here is the packet for individuals with children.
In San Diego, there are clinics available to help you fill out these packets. Information for these clinics can be found here.
Domestic violence restraining orders can only be obtained against individuals with whom you have had a close relationship. Under California law, close relationships include marriage, couples who have been engaged, couples who are dating, couples with children together, individuals who are related to one another through blood (mom, dad, siblings…), or when you have lived with the other person as a member of their household (not including roommates).
The court will issue a restraining order if you can, in addition to showing that you have a close relationship, prove that the other person:
- Caused you bodily injury
- Made you fearful that you would suffer bodily injury
- Threatened bodily injury
- Committed sexual assault
- Attacked, struck, stalked, threatened, harassed, or destroyed your personal property
- Disturbed your peace
- Coercively controlled you. Examples of coercive control include isolating a person from friends and family, preventing someone from accessing basic needs like food or shelter, controlling a person’s finances or using their immigration status to threaten their safety, forcing someone to become pregnant against their will.
Domestic violence restraining orders are issued under California’s Domestic Violence Prevention Act, Family Code Section 6200 and following. Since January 1, 2021, Family Code Section 6320(c) expressly recognizes coercive control, a pattern of behavior that unreasonably interferes with your free will and personal liberty, as grounds for a restraining order even without physical violence. Examples in the statute include isolating you from friends and family, withholding basic necessities, controlling your money, communications, or daily movements, and reproductive coercion.
While it is possible to file for a domestic violence restraining order on your own, it can be difficult to navigate the court and legal processes without help. In San Diego, you may be able to access assistance through clinics, though clinics might only be able to help you with the restraining order. The domestic violence lawyers in San Diego, California at Smith Family Law may be able to help you file the restraining order and help you take steps to file for divorce. We can also help you understand how a domestic violence restraining order could impact custody if you have children and help you seek custody. A lawyer can help you describe why you are seeking a domestic violence restraining order in detail and help you request the remedies you need for your safety and your children’s safety.
Some challenges when filling out a domestic violence restraining order can include:
- Understanding jurisdiction. A judge can only put in place a domestic violence restraining order if they have jurisdiction over the person (more specifically, the person against whom you are seeking the restraining order lives in San Diego, or the abuse took place in San Diego). If abuse happened in multiple counties or states, or if you or your partner are in the military, you may need to determine who has jurisdiction and there might be alternatives available through the military courts.
- Providing a Full List of Restraining Orders and Court Cases. You cannot assume that the judge will do the research to determine whether your abusive ex has prior convictions, court cases, or encounters with the police. You’ll need to provide these details. A domestic violence lawyer in San Diego, California can pull up case records and files and present them as part of your packet.
- Describing Abuse in Detail. You’ll be required to describe the abuse in detail and provide evidence if possible. A domestic violence restraining order can help you describe the abuse in detail and help you gather evidence.
- Child Custody. If you have children, the domestic violence restraining order can help you seek sole custody or supervised visitation. Because a restraining order can impact your custody case if you later choose to file for divorce, it can be helpful to speak to a domestic violence lawyer in San Diego, California before you file.
These are just some of the issues that can arise with seeking a domestic violence restraining order. Sometimes a judge can deny the order. A domestic violence lawyer in San Diego, California at Smith Family Law can help you appeal. We can review any forms you have filed and help you provide more details and evidence if required.
What Can a Domestic Violence Restraining Order Do?
When filing for a domestic violence restraining order, you can ask the judge for a range of things. These include:
- No contact
- Stay away from you, your children, your relatives, your home, and other locations, including where you work, and other places you frequent
- Require that the person move out of a home you share or live in together
- Obey or establish child custody orders
- Limit the person’s access to firearms or require that they surrender their firearms
- Give you control of property and finances.
If you are thinking of divorcing a person who has abused you financially, a domestic violence restraining order might be able to protect your finances before you can formally divide shared assets in your divorce. A domestic violence restraining order might be a crucial step you take to protect your property and finances if you are filing for divorce.
The judge can issue an order requiring that the other person stay away from you and stop abusing you. Yet, it’s important to note that a restraining order is just a piece of paper. A restraining order works best when it is one aspect of a larger safety plan that includes seeking shelter and community support. The domestic violence lawyers in San Diego, California at Smith Family Law can help you choose among the orders the judge can make and help you file a restraining order.
Domestic Violence and Child Custody in San Diego
Domestic violence is one of the situations where a parent can request full custody or request supervised visitation. If you are concerned that your partner might abduct your children or prevent you from seeing your children, or if your abusive partner has threatened to do this, a domestic violence restraining order might be able to help you protect your children. When minors are involved, the court will take steps to protect them. Yet, it can be important to seek the help of a domestic violence lawyer in San Diego, California at Smith Family Law before you file.
A domestic violence finding also matters in custody: under Family Code Section 3044, a parent found to have committed domestic violence within the past five years faces a rebuttable presumption against receiving sole or joint custody.
If a judge refuses to grant your restraining order, this could be used against you in a later custody case or during your divorce. Before filing for a restraining order when you have children, it’s important that you get your proof in order and your documentation clearly organized. The domestic violence lawyers in San Diego, California at Smith Family Law can help. When the custody and safety of your children is on the line, you need a family lawyer that understands the system who can help you file forms correctly and thoroughly.
How Can I File for Divorce When There Has Been Domestic Violence?
The domestic violence lawyers in San Diego, California at Smith Family Law can help you file for divorce if you are looking to leave an abusive marriage. We can help you navigate some of the major challenges that individuals face when leaving an abusive marriage. This includes:
- Protecting your assets, especially if you were abused financially.
- Taking steps to help you get back on your feet, by seeking alimony or spousal support, especially if you were coercively controlled or financially abused.
- Helping you seek sole custody, if appropriate, or supervised visitation.
- Helping you file a domestic violence restraining order to protect your property and remove your former spouse from your home.
- Helping you file divorce paperwork and navigate litigation.
If you are thinking of leaving an abusive spouse, it’s important to take steps to protect your safety and the safety of your children. Resources like the National Domestic Violence Hotline can connect you to individuals who can help you develop a safety plan. Once you are safe, if you are ready to take legal action, the San Diego, California domestic violence lawyers at Smith Family Law are here to help.
Find Experienced Representation For A Domestic Violence Case
The lasting impact of domestic violence on everyone involved is exactly why, whether you have suffered or been accused of abuse, you need to contact an experienced attorney immediately.
We understand that abuse is much more complicated than it seems. We are here to help bring resolution to this highly personal situation. The first step is the hardest: Contacting someone and asking for help. If you can contact us at Smith Family Law, APC, we can help you with the rest.
Let’s Discuss Your Case Together
Since one of the factors in situations of abuse is the statute of limitations involved in reporting and/or prosecuting domestic violence cases, you should contact us as soon as possible to make sure you are well informed of the various possible outcomes of your situation and know exactly where your energy is best spent. We can explain the difference between misdemeanor and felony assaults, how exactly this will affect custody of any minor children living in the home, the finer points of restraining orders, and the many other questions you have.
We know that this is an extremely personal and private situation that you might not have talked about to anyone else. We will handle this with the care and understanding that such sensitive matters deserve, because we know how difficult it was for you to call us in the first place. Your safety and health, along with your privacy, will be our main concern, so we can be your best advocate. We are here to get you to a place where you can start to heal and go on with your life.
Work With A Domestic Violence Attorney Before Your Case
If you’re facing a domestic violence case and need an attorney, then contact Smith Family Law, APC, today at (619) 431-3131, or use our online scheduling tool.
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Smith Family Law, APC is a veteran-owned firm that has focused on California family law from our downtown San Diego office since 2017
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Our attorneys bring more than 50 years of combined family law experience to every case we handle.
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Senior Associate Attorney Caroline Plemmons is a Certified Family Law Specialist, certified by the State Bar of California Board of Legal Specialization.
Frequently Asked Questions
Under the Domestic Violence Prevention Act, abuse includes physical harm or the threat of it, sexual assault, stalking, harassment, destroying property, and disturbing your peace. Since 2021, Family Code Section 6320(c) also covers coercive control, including isolation, financial control, monitoring, and reproductive coercion, with no physical injury required.
A judge can grant a temporary restraining order the same day or the next court day after you file, based on your written request alone. A hearing on a longer restraining order, which can last up to five years, follows within about three weeks. A lawyer can prepare the filing so nothing is missed.
Yes. The order itself can include temporary custody and visitation terms, and a court finding of domestic violence triggers the Family Code Section 3044 presumption against custody for the abusive parent. How the request is prepared and documented can shape your custody case for years.
Yes. Family Code Section 6320(c) recognizes coercive control as domestic violence, including controlling your money and economic resources, isolating you from support, and monitoring your communications or movements. Documenting the pattern matters, and our attorneys can help you present it clearly to the court.
Take it seriously and get counsel before the hearing. A restraining order carries firearm restrictions, can remove you from your home, and triggers the custody presumption in Family Code Section 3044. You have the right to respond, present evidence, and cross-examine at the hearing.