Restraining Order Against a Spouse

San Jose Family Lawyer

Part of escaping from an abusive relationship often involves filing for a restraining order against your abuser. This could mean getting a restraining order against your spouse, a situation that can become confusing and difficult especially if there are children involved. Being aware of your rights and keeping safe is most important when trying to leave an abusive relationship.

A Domestic Violence Restraining Order

A domestic violence restraining order helps protect domestic abuse victims from someone who is abusive. It may contain orders telling that person what they cannot do to you and it may also dictate that they have to stay a certain distance away from you.

Restraining Orders and Child Custody

If a domestic abuse victim has children with their abuser, the court may make Temporary Custody and Visitations orders. These orders expire with the restraining order. Families are often required to file a Family Law case in the county where the custodial parent and children normally reside.

Who can a Domestic Violence Restraining Order be Filed Against?

An abuse victim can file a Domestic Violence Restraining Order against their spouse or former spouse, person they are dating, lover, mother or father of their child, anyone related by blood, marriage or adoption, or a person who regularly lives in your home.

Get Help

If you are in an abusive relationship with your spouse or partner, you have the right to get out and get help. Contact San Jose family lawyers Daniel Jensen at 408-296-4100 to speak with a knowledgeable attorney.