Fast, Focused Legal Help When the Stakes Are Highest
Whether you need protection or you're defending against serious allegations, domestic violence and restraining order cases move quickly — and the consequences are lasting. I represent both sides with urgency, precision, and no unnecessary drama.
Serving San Diego County since 2012 • English & Spanish
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California offers several types of protective orders depending on the situation.
These Cases Don't Wait — and Neither Can You
Restraining order cases move fast. Courts issue emergency orders within hours. Violations carry immediate consequences. And the decisions made in the first 48 hours can shape everything that comes after.
You need protection — or you've just been served with allegations you didn't see coming
You're not sure what a restraining order means for your custody, your home, your job, or your immigration status
You feel like you're already behind, and the other side is already moving
This is one of the most serious situations family law handles. You need someone who moves fast and knows exactly what they're doing.
A domestic violence restraining order doesn't just determine who stays in the house. It touches nearly every part of your life — and the lives of your children.
With legal guidance
Your safety — and your children's safety — is legally protected
Clear custody and visitation terms built into the order
The other party's firearms are removed
Your rights are defended and the record reflects the truth
Without legal guidance
Losing custody or visitation rights based on allegations alone
Being removed from your home before a full hearing
A permanent restraining order that affects your firearms rights, employment, and immigration status
A false or exaggerated order that follows you for years
You Need an Attorney Who Moves as Fast as These Cases Do
I understand how destabilizing this situation feels — whether you're frightened for your safety or blindsided by allegations. My job is to step in quickly, protect your rights, and make sure your side of the story is heard clearly and completely.
I've represented both petitioners and respondents in domestic violence and restraining order cases. These cases are often resolved within weeks — I know how to move efficiently, build a strong record, and show up prepared for emergency hearings, full hearings, and everything in between.
Family law attorney since 2012
Experience representing both petitioners and respondents in DVRO cases
Handles emergency protective orders, temporary restraining orders, and permanent orders
County Hearing Officer — understands how decisions are made at the bench
Time matters in these cases. Reach out as soon as possible — I'll assess your situation, explain your rights, and tell you exactly what needs to happen next.
Build Your Case Fast
I'll gather everything needed — your account, evidence, documentation, and history — and prepare for the hearing. Whether you're seeking protection or defending against allegations, I'll build the strongest possible record on your behalf.
Show Up Prepared
I'll represent you in the preparation of your request for protection and the court hearing — and make sure the court has a complete, accurate picture of your situation.
These cases are stressful. My job is to take the legal weight off your shoulders so you can focus on what matters most.
What to Know About Domestic Violence Restraining Orders in California
An Emergency Protective Order (EPO) can be issued by law enforcement on the spot — it lasts a few days and is designed to create immediate separation. A Temporary Restraining Order (TRO) is issued by a court, typically within 24–72 hours of filing, and lasts until the full hearing (usually within 21 days). A Permanent Restraining Order is issued after a full court hearing where both sides can present their case. It can last up to 5 years and is renewable. Restraining orders can require the restrained party to move out of a shared residence, stay away from the protected party and their workplace, surrender firearms, and follow specific custody and visitation rules. For respondents, a restraining order can affect far more than most people realize — including custody, child support calculations, employment in certain fields, security clearances, and the right to own or possess firearms. In cases involving non-citizens, a domestic violence finding can also have immigration consequences. These cases move fast and the stakes are high on both sides.
Common situations
You need immediate protection from a spouse, partner, or co-parent
You've been served with a TRO and have a hearing coming up fast
A restraining order has been filed with false or exaggerated allegations
You need a custody order built into your restraining order to prevent child abduction
The essentials
Emergency orders can be issued within hours — TROs within days
Full hearings typically occur within 21 days of the TRO being issued
A permanent DVRO can restrict firearms, housing, and custody
Both sides have the right to be heard — allegations are not automatically accepted
I represent both sides — and I know how both think
Having represented petitioners and respondents, I understand exactly what the other side is going to argue. That makes my preparation sharper and my strategy more effective, regardless of which side I'm on.
I move fast without cutting corners
These cases have short timelines. I know how to build a complete, well-documented case quickly — and show up to hearings prepared, not scrambling.
I look at the full picture
A restraining order doesn't exist in isolation. It affects custody, support, housing, and sometimes immigration status. I make sure we account for all of it — not just the order itself.
I called Mr. Aguilar because I needed a restraining order against my wife. I had a feeling this would be an uphill battle because I am a big guy that does not look like victim. Unfortunately, behind closed doors my wife was verbally and physically abusive towards me and our 3 year old son. It got to a point where I could not continue letting her use corporal punishment against my son every time she was upset over very miniscule things. Mr. Aguilar was very understanding and he help me obtain all the evidence I needed in order to present a compelling case to the judge on the day of my hearing. I obtained a restraining order than includes my son. I was very hesitant to get the divorce and restraining order started because I thought there could be some bias since I am a guy. Luckily, Mr. Aguilar helped me overcome this situation.
BrianDomestic Violence and Restraining Orders
5 out of 5 stars
Ben took my case after I went to court for restraining order and the respondent had showed up with council, so I requested for extension to seek council and I found Ben and was I pleased with his representation. I met him right away and he made me comfortable and was very kind. He showed up on time and executed well. Due to having a toddler involved Ben performed graciously but also helped to make sure I didn’t leave without any written agreement for protection on my end signed by the judge. We came to an agreement for our toddler son and really was pleased and thankful I had Ben at my side. Thank you Ben your a great man.
Reviews reflect individual client experiences. Prior results do not guarantee a similar outcome.
FAQ
Frequently Asked Questions About Restraining Orders
What's the difference between a TRO and a permanent restraining order?
A Temporary Restraining Order (TRO) is issued quickly — often within 24–72 hours of the request — based on one side's account. It's a placeholder until the court can hear from both sides. A permanent restraining order is issued after a full hearing where both parties present evidence. "Permanent" is somewhat misleading — it can lasts up to 5 years but can be renewed.
Can I fight a restraining order if the allegations aren't true?
Yes — and you should. The full hearing is your opportunity to present your side, cross-examine the party requesting protection, and introduce evidence. A TRO being issued does not mean the court has decided the case. I've successfully defended clients against false and exaggerated allegations.
What happens if I violate a restraining order?
Violating a restraining order is a criminal offense, regardless of whether the protected party invited the contact. The consequences include arrest, criminal charges, and significant impact on any related family law proceedings. Don't do it — and if there's any ambiguity about what the order allows, ask me first.
Will a restraining order affect my custody rights?
Very likely, yes — at least temporarily. Most DVROs include custody and visitation terms. A restraining order doesn't automatically end your parental rights, but it will restructure how and when you see your children. This is one of the most important reasons to have an attorney involved from the start.
Can a restraining order affect my immigration status?
It can. A domestic violence finding may have consequences under federal immigration law — including for green card holders and visa holders. If immigration status is a factor in your situation, it needs to be part of our strategy from day one.
What if I need to protect my children too?
A DVRO can include your children as protected parties and contain specific custody orders to prevent the other parent from removing them from the area. If your children's safety is at risk, we can move quickly to get that protection in place.
Based in San Diego, taking family law matters across Southern California.
Restraining order cases are filed in the superior court of the county where the incident occurred or where the parties reside. Contact us to confirm jurisdiction.
Need Help With a Restraining Order Case? Don't Wait.
Whether you need protection or you're defending against allegations, I'll tell you exactly where you stand and what needs to happen next. These cases move fast — and so do I.
