Temporary Orders & Restraining Orders

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At San Diego Family Law Advocates Firm in San Diego, we understand that life is dynamic, and circumstances change. When it comes to family law matters, such changes can impact child custody arrangements and support obligations. Restraining orders can also be extremely common in divorce & family law proceedings. If you find yourself in a situation where you need to modify an existing custody or support order temporarily, or you’re looking to obtain or defend against a restraining order, our experienced San Diego family law attorneys are here to guide you through the process.

Temporary Orders: What Are They?

Temporary orders, often referred to as “pendente lite” orders, are legal orders issued by the court to address specific issues on a temporary basis while a family law case is ongoing. These orders can be crucial when circumstances require immediate attention, such as changes in income, living situations, or the best interests of a child.

Temporary Modification of Custody: When and Why?

  • Change in Circumstances: If you or your co-parent’s circumstances have changed significantly since the original custody order was established, you may seek a temporary modification. This could include relocation, changes in work schedules, or concerns about the child’s well-being.
  • Protecting the Child’s Best Interests: If you believe that your child’s current living situation is no longer in their best interests, you can request a temporary modification to ensure their safety and well-being during the legal process.

Temporary Modification of Support: When and Why?

  • Financial Changes: If you or your ex-spouse experiences a significant change in financial circumstances, such as job loss or a substantial increase in income, you may seek a temporary modification of child or spousal support.
  • Addressing Unforeseen Expenses: Temporary modifications can also be used to address unforeseen expenses, such as medical bills or educational costs, that were not covered adequately in the original support order.

Obtaining Restraining Orders: Protecting Your Safety and Well-being

In addition to handling temporary orders for modification of custody and support, San Diego Family Law Advocates Firm also specializes in assisting clients in obtaining restraining orders when necessary. We understand that safety and peace of mind are paramount in family law matters, especially when issues of domestic violence, harassment, or threats are involved.

  • Domestic Violence Restraining Orders: If you have been a victim of domestic violence or believe that you are in imminent danger, a domestic violence restraining order can provide you with immediate protection. These orders can prohibit the abuser from contacting you, coming near your residence or workplace, and may grant temporary custody or visitation arrangements.
  • Civil Harassment Restraining Orders: When you are facing harassment, stalking, or threats from someone who is not a family member or someone with whom you have a domestic relationship, a civil harassment restraining order can help safeguard your personal space and well-being.
  • Elder or Dependent Adult Abuse Restraining Orders: If an elderly family member or dependent adult is being subjected to abuse or neglect, we can assist you in obtaining a restraining order to protect their safety and ensure their care.

Defending Against False Restraining Orders and DV TROs

At San Diego Family Law Advocates Firm, we understand that restraining orders and Domestic Violence Temporary Restraining Orders (DV TROs) are essential tools for protecting individuals from harm and abuse. However, we also recognize that there may be situations where these legal mechanisms are misused, leading to unjust accusations and the issuance of false orders. If you believe you are unjustly facing a restraining order or DV TRO, our experienced attorneys in San Diego can help you defend your rights and reputation.

False, baseless restraining orders are unfortunately can be issued for various reasons. Sometimes it’s just malicious Intent,  individuals use restraining orders as a weapon in disputes, divorces, or custody battles, making false claims of abuse or harassment to gain an advantage…which can work against them. Sometimes it’s nothing more than a misunderstanding, where a miscommunication can lead to unwarranted restraining orders when the facts are not accurately presented to the court.

How We Can Help You Fight False Orders

  • Thorough Evaluation: Our legal team will conduct a thorough evaluation of your case, reviewing all the evidence and circumstances surrounding the alleged incidents.
  • Legal Strategy: We will develop a strong legal strategy tailored to your specific situation, aimed at challenging the false accusations and ensuring your side of the story is heard.
  • Gathering Evidence: We will work diligently to collect evidence, such as witness testimonies, text messages, emails, or other documentation that supports your defense.
  • Representation in Court: Our skilled attorneys will represent you in court hearings, advocating for the dismissal or modification of the restraining order or DV TRO.
  • Counterclaims: In some cases, it may be appropriate to file counterclaims for defamation, false accusations, or other legal remedies to address the harm caused by false orders.

How Our San Diego Family Law Attorneys Can Help

At San Diego Family Law Advocates Firm, we understand the complexities of temporary custody and support modifications, as well as implications around restraining orders. Our team of dedicated family law attorneys will work closely with you to:

  • Assess Your Situation: We will carefully review your circumstances and provide you with an honest assessment of your case’s prospects.
  • File the Necessary Paperwork: Our experienced attorneys will assist you in preparing and filing the necessary legal documents to request a temporary modification.
  • Represent Your Interests: We will represent you in court proceedings, advocating for your position and striving to secure a favorable outcome for you and your family.
  • Ensure Compliance: We will help you understand and adhere to any temporary orders issued by the court, ensuring that your rights and responsibilities are protected.

Contact San Diego Family Law Advocates Firm Today for a Free Consultation

If you are facing a situation that requires a temporary modification of custody or support orders, or a restraining order, don’t navigate the legal process alone. Contact San Diego Family Law Advocates Firm in San Diego today to schedule a consultation with one of our experienced family law attorneys. We are committed to helping you achieve the best possible outcome for your family during this challenging time.

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There are two types of lawyers; those who want to help and those who want to help themselves. Our San Diego family law attorneys pictured here are very experienced, accessible, and dedicated to helping their San Diego clients transition into the next phase of their lives. We’re very aggressive when we need to be, but we believe in a responsible and ethical practice and stick to our values regardless of the situation. We’re 100% transparent and don’t just tell you what you want to hear, unless it’s what we believe; even if it may deter you from moving forward. We stand by our team’s expertise and will always be upfront and honest with our clients.

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