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Restraining Order Impacts in California

Restraining Order
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Have questions about restraining orders in California? The San Diego attorneys at Embry Family Law P.C. have answers. Contact us online or give us a call at (619) 485-6476 to schedule a personal consultation with a member of our team.


Woman sitting on a chair with her hand touching her head.Restraining Order Consequences

The issuance of a restraining order can have far-reaching, adverse consequences on the restrained person. Aside from the obvious need to stay away from and have no contact with the protected party, a restraining order can negatively impact:

  • Employment

Many employers will not hire and may terminate employment of anyone who currently has – or in the past had – a restraining order issued against them. You may lose your state professional license as well.

  • Housing

You can be ordered to leave your residence, taking only your toothbrush, medications, wallet, cell phone, and an overnight bag with you if issued a restraining order in California.

  • Child Custody

In California, there is a presumption against the parents sharing joint legal custody if instances of domestic violence are discovered. You may have to seek a separate child custody order if you are issued a restraining order and your child exchange arrangements will be severely impacted.

  • Spousal Support

A finding of domestic violence can be used to increase the amount of spousal support (alimony) someone must pay.

  • Gun Ownership

Under California law, a broad restraining order prohibiting possession of a firearm automatically takes effect upon the issuance of a restraining order. The court must order the restrained person to immediately relinquish any firearms.

  • Reputation in the Community

A restraining order will show up on a background check and the underlying allegations supporting the request are public recordfree for your neighbors, family, friends, and co-workers to see.

  • Criminal Proceedings

The factual allegations and statements made in the restraining order proceeding could be the basis for criminal charges being filed. Once a restraining order is issued, even non-threatening contact (a “technical” violation) can result in criminal charges against you.

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Contact an Experienced Restraining Order Attorney Today

These are just some of the collateral impacts of a restraining order. Whether you are seeking or defending against a domestic violence (whether that is while dating/cohabitating/married), civil harassment (could be with a neighbor or co-worker), or elder abuse (refers to abuse of an elderly person age 65+ or disabled) restraining order, you need a qualified lawyer to protect your interests.

This information is general and should not be construed to constitute specific legal advice nor to create an attorney/client relationship.