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San Diego Restraining Order Attorney

Securing Your Safety & Advocating for Your Interests

Restraining orders are intended to protect an individual from harassment or violence. In family law situations, a restraining order can prevent violence from escalating and possibly resulting in assault. If you need help with a difficult situation involving domestic violence, consult with our trusted restraining order lawyer in San Diego. At Embry Family Law P.C., we are committed to protecting you and your loved ones.

Each case is unique, so it is best to speak directly with a lawyer about your situation. Contact us for a consultation.

When Courts Issue Restraining Orders

Generally, a restraining order will only be issued when there is proven harassment, threats against you and your children, or a history of domestic abuse. Courts in California may issue different types of restraining orders depending on the specifics of the situation. A knowledgeable domestic violence attorney can explain each type of restraining order and help you determine which is most appropriate for your situation.

California courts offer:

Emergency Protective Orders (EPO)
Domestic Violence Temporary Restraining Orders (TRO)
Civil Harassment Restraining Orders
Criminal Protective Orders

We will make sure the necessary documentation is filed with the evidence needed to obtain the proper restraining order for your situation. When a judge orders a restraining order and the named individual fails to comply, that party may face legal penalties.

What Do Restraining Orders Do?

A restraining order can order a restrained person to:

Not contact or go near you or your children

Avoid your work, your home, or your children’s school
Move out of your house
Not possess a gun
Follow custody and visitation orders
Release/return certain property
Not make changes to insurance policies

Once a restraining order has been issued by the court, it is entered into a statewide computer system that all law enforcement has access to.

Don’t Wait to Get Legal Advice

Restraining order cases move relatively quickly, so make sure you have an experienced restraining order attorney in San Diego to answer your questions and guide you through the process. Typically, a hearing will be held within two to four weeks, as having a restraining order in place may affect the rights of one party. We offer consultations, either in person or by telephone, so you can learn how a restraining order may affect your situation.

Please contact us to arrange a consultation.

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The Embry Family Law P.C. Team

Ben E. Embry
Founding Attorney

Ben was born and raised in Henderson, Kentucky, and attended the University of Kentucky. He did not leave Kentucky until he moved to San Diego to attend law school in 2006. Ben grew up on his father’s farm, doing the things that most “farm boys” do: Plowing the fields, tending the cattle, and harvesting crops, all while leaving enough time to fish in the pond. Working for his father is what gave Ben the work ethic he has today. Despite the fact that farming was in his blood, Ben decided early on ...

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Nicholas Montano
Senior Paralegal/Office Manager

Nicholas is a native San Diegan who grew up in Golden Hills, right by the 94 freeway. As the middle of three siblings, he was and is the “peace maker” in the family. At Embry Family Law P.C., Nicholas enjoys supporting clients by explaining the process to them, listening to their concerns, and assuring them that they are in good hands and that everything will be okay. Nicholas attended St. Augustine High School and Cuyamaca Community College, and he is working on his last semester to become ABA ...

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Shyanne Mortimer
Lead Litigation Paralegal

Shyanne was born in Concord, California where she lived for the earlier parts of her life before moving to Fresno California. In 2018 she graduated from Clovis West High School and continued her education at her local private college, Fresno Pacific University. She graduated a year early in 2020 with her Bachelor's Degree in English and an emphasis in classic literature. She is a first generation college graduate and used this as fuel to pursue her education further. In 2021 she attended the ...

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Daniel Ledesma
Legal Assistant

After receiving his bachelors in Law & Society at the University of California, Riverside, native San Diegan Daniel Ledesma has worked in two legal fields whilst he prepares for his next stop: Law School. Growing up in a diverse setting that San Diego entails, Daniel wants to enrich his legal expertise and assist individuals within his community who may not be 100% knowledgeable with their rights. Prior to joining Embry Family Law, Daniel worked in Immigration law and took a vast amount of pride ...

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Gabriele Finley
Litigation Paralegal

I am a graduate of California State University San Marcos with a Bachelor of Arts in Social Sciences. I unexpectedly found my passion for the legal field during a Sociology of Deviance class and went on to earn my Paralegal Certificate from the University of San Diego School of Law. I have always had a strong inclination towards Family Law, and my love for it stems from my passion for being a genuine advocate for others. In my free time, I enjoy exploring different areas of San Diego, cooking ...

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Carmen Caserta
Associate Attorney

Carmen was born in Los Angeles, CA, and grew up in the San Fernando Valley. She moved to San Diego as a budding singer/songwriter in 2001, when she was just nineteen years old. After spending a few years teaching herself to play piano and write music, Carmen began to feel a strong pull toward academic pursuits. With a lifelong fascination surrounding the complexities of the human experience, she decided to pursue a BA in psychology and graduated with Honors from Chapman University in 2008. ...

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Julie Mekhael
Law Clerk

Julie was born in Los Angeles, CA, where she then grew up in East Highland Ranch with her fun family of 5. In 2010, she and her family moved to Sunny San Diego, where she graduated from Torrey Pines High School and continued her education at the University of California San Diego (UCSD), receiving her bachelor’s degree in political science. Her early love for competitive swimming, which started at the age of 5, carried her through her college years. But a new path called her when she made the ...

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Personalized Approach
We understand that this is your story and it's different than everyone else's. Our approach is catered specifically to what you're currently going through.
Exceptional Customer Service
We understand that what you're going through can be overwhelming at times. When you work with us you're not just a number, you're now part of our family. Your success is our success, we will guide you every step of the way.
Certified Family Law Specialist
Our attorney has been certified by passing the appropriate written examination in Family Law, demonstrated a high level of experience in Family Law, fulfilled ongoing education requirements and has been favorably evaluated by other attorneys and judges familiar with his work.

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