Carlsbad

Domestic Violence Restraining Orders – North San Diego County

The initial decision to start the divorce process should be one of your major decisions in life. It should only be considered if you have a total breakdown in the marital relationship that cannot be repaired with counseling or by other means.
Fortunately, there are many therapist, psychologists, and marriage and family counselors available in North San Diego County that will provide able assistance to patients with indecision. I counsel clients to never file for divorce for monetary reasons. I urge all my clients to consider alternatives if this is last resort.
The decision process is often complicated by domestic violence. If physical or emotional violence is occurring then a little different wrench is throw into the mix. By all means domestic violence should be addressed. The court will issue domestic violence restraining orders on an emergency basis without a filing fee. However, the victim is urged to act promptly if domestic violence is occurring. The courts will not issue the order unless they believe the order will prevent future the re-occurrence of domestic violence. Vista has a free clinic that will assist anyone in need. Also the family law facilitators office has a 24hr help line at 619 450 5200 that will help anyone trying to go through the process by themselves. The facilitators office provides a free service however it is a wait in line situation available to the public
When you file your papers at the courthouse, allow at least a couple of hours for filing. The court’s business office only gives out numbers between the hours of 8:30 a.m. and 3:30 p.m. Monday through Thursday. On Friday they close at noon. If you arrive later your paperwork will not be accepted for that day.
You may file for domestic violence protection without filing for a divorce. If you file for domestic violence protection, you will need to arrive early in the day Monday through Friday and wait for the court to issue the orders on the day of filing. For this process you should allow for at least half a day. If a temporary restraining order is issued the court will set a date to return for determination if the order should be made permanent for as long as 5 years.
Upon filing the divorce papers an automatic restraining order will be issued on the back of the summons prohibiting  either party from disposing of assets, canceling insurance coverage, or removing children from the State of California. You will not be able to do any of the prohibited acts without a proper written agreement or order of the court.
At the time of the filing you will be assigned to a judge or commissioner who will most likely be your judicial officer for all purposes unless you challenge the assignment of that judge to your case. You get one such challenge for a judge. You do not have to take any commissioner, but that decision is usually deferred until your first court appearance.
Unless there is an emergency your first court appearance will be in a couple of months. So if you are dependent on your spouse for support you have a big financial situation to consider. The Vista Court does not consider support to be an emergency.
Contact us for more information on how to file for a domestic violence restraining order.
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