Certified Specialist - Family Law
Newport Beach Restraining Order Attorney
Providing Safety for Spouses and Children
In America, a restraining order is issued every 32 seconds. Particularly in
divorce proceedings and
domestic violence cases, it is good to know what they are, how they may be useful if you
need protection, and how you can fight against them if you have been subjected
to receiving one.
An order of protection known as a restraining order is an important legal
remedy for those who may be suffering spousal abuse or family violence.
It is basically defined as a Court order which seeks to prohibit something
from happening that may cause future harm. In a divorce case, you may
need your spouse to be restrained from coming within a certain distance
of you if he or she poses a threat.
Or, it may be used to prevent a spouse from taking a certain action - as
in the case of a husband who threatened, if she filed for divorce, to
take his son and move out of the state, saying to the wife…"where
you will never see him again!" He was served with a restraining order
that prevented him to leave the state with the son-prior to be served
with divorce papers. There are many good and valid uses of restraining orders.
Wrongful or Spiteful Restraining Orders
Restraining orders can sometimes be used, especially in divorce proceedings,
to cause harm and weaken the other person's chances for
visitation. Some Newport Beach family lawyers are known to automatically file for
some sort of restraining order for their divorce clients as part of their
strategy. They see it as a way to obtain the strongest position for their
clients, regarding the divorce settlement. For those who are innocent
of these types of "frivolous" restraining orders may become
Oftentimes, innocent fathers or mothers have seen these types of restraining
orders used to intentionally keep them out of their children's lives.
These fraudulent protection orders may come from left field and as in
one case, where one day all seemed well with his spouse and the next day
he was served with a restraining order that prevented him seeing his children
at all. His ex-wife told the children "he did not want to see them"
he was eventually able to overturn the protection order. However, to this
day, his relationship with his children has never quite been the same,
as a result.
His situation is not unique and it demonstrates the need to have an aggressive
attorney on your side. Had he done so, it might have prevented a lot of
time and damage to his relationship with his children. Don't let this
happen to you. If you have been served with a restraining order that is
unfounded, you need the help of a skilled and thoroughly practiced
Newport Beach family attorney who can avoid much of the turmoil and upset surrounding such an order
- and who will start work immediately and aggressively to have the order removed.
Call our firm today to see how we may be able to help you!