SAN DIEGO DOMESTIC VIOLENCE LAWYERS: EXPERT, COMPASSIONATE LEGAL COUNSEL
Domestic Violence Attorneys in San Diego
Domestic violence is a serious matter that can have devastating consequences for all parties. Our board-certified family law attorneys have decades of experience navigating the nuances of domestic violence law in California.
The Family Court has the power to issue domestic violence restraining orders against either party, both during the pendency of a family law action and after a judgment has been entered. A domestic violence restraining order may be obtained when one party alleges the other party has committed acts of physical violence, made threats of violence, or harassed to an unreasonable degree.
California Law: Types of Restraining Orders for Domestic Violence
Temporary domestic violence restraining orders can be obtained on an emergency basis, without even giving notice to the other side. These orders routinely prohibit the restrained party from communication with the other party (unless relating to custody matters), from coming within 100 yards of the protected party, and a requirement that any firearms be surrendered.
Additional orders can be made for property restraints, the offending party attending a batterer program, moving out of the residence, custody and visitation, as well as support. Once obtained, a domestic violence restraining order is registered with the San Diego County Sheriff’s Department. Once registered, any law enforcement agency in California has the details of the order available if enforcement is requested.
Violations of any domestic violence restraining orders can result in criminal charges being brought against the offending party.
Help for Restraining Orders in San Diego, CA
Both sides have the right to a full evidentiary hearing, with witnesses being called, before permanent orders can be issued by the Court. Although termed permanent, the orders generally last anywhere from six months to three years. The restraining orders can be extended past the original termination date, with a minimal amount of evidence required.
The Law Offices of Beatrice L. Snider, APC is experienced in obtaining and defending against domestic violence restraining orders. Call (888) 860-8544 or fill out a contact form to discuss your case with our San Diego divorce and family law attorneys.
What Constitutes Domestic Violence?
Domestic violence is a form of abuse that occurs within a household or intimate relationship. It can involve physical, emotional, psychological, sexual, or financial abuse. It is an intentional pattern of behavior used to control or intimidate a partner or family member. Examples of domestic violence include hitting, threatening, controlling finances, or isolating a person from friends and family. It is important to remember that domestic violence can happen to anyone, regardless of age, gender, race, or socio-economic status. If you or someone you know is experiencing domestic violence, it is important to seek help from a trusted friend, family member, or local organization.
What Questions Do We Ask to Gather Evidence for Your Domestic Violence Case?
When gathering evidence for a domestic violence case, we ask several questions to get a clear picture of what happened. These questions include:
- What led to the violence?
- What kind of physical, emotional, or verbal abuse occurred?
- Have there been any previous instances of violence?
- Did you call the police or seek medical attention?
- Do you have any witnesses to the violence?
- Do you have any physical evidence, such as bruises or broken objects?
The answers to these questions help build a strong case and provide evidence that domestic violence occurred. It’s important to have as much evidence as possible to increase the chances of a successful outcome in court.
When is a Relationship Considered Domestic?
A relationship is considered domestic when it involves people who live together in the same household, such as partners, spouses, family members, or roommates. This type of relationship can involve intimate or romantic connections, as well as more casual or platonic relationships.
Domestic relationships may involve emotional, physical, and financial support and can involve various levels of commitment and intimacy.
Domestic relationships may also involve incidents of abuse, neglect, or control, which is why they are considered important and regulated by law.
In essence, domestic relationships are those that involve a close, interdependent, and intimate connection between people who live together.
What is California Penal Code 422?
California Penal Code 422 is a law that makes it illegal to threaten someone with violence or harm. This law applies to all types of threats, whether made in person, over the phone, or through social media. If someone threatens to harm you or your property, they could face serious consequences, including time in jail or fines. It’s important to remember that even if they didn’t actually follow through on their threat, they can still be charged under Penal Code 422. So, if you feel threatened by someone, it’s important to take it seriously and report it to the police.
How Can a Domestic Violence Restraining Order Help Me?
A domestic violence restraining order is a court order that helps protect you from someone who has been physically or emotionally abusive to you. If you have been a victim of domestic violence, the court can grant you a restraining order that requires the abuser to stay away from you, your home, your workplace, and any other places you frequent. The restraining order can also prohibit the abuser from contacting you in any way, including through phone calls, text messages, or social media. If the defendant violates the restraining order, they can face serious legal consequences. Overall, a domestic violence restraining order can provide you with the legal protection you need to feel safe and secure in your daily life.
Who Can Request a Domestic Violence Restraining Order?
A domestic violence restraining order can be requested by anyone who is experiencing or has experienced domestic violence, including physical, emotional, psychological, or sexual abuse, from a current or former intimate partner, family member, or someone they have a close relationship with. The person seeking the restraining order is known as the “protected person.” It is important to note that anyone can request a restraining order, regardless of their age, gender, sexual orientation, or immigration status. Additionally, a representative such as an attorney or a parent can also request a restraining order on behalf of the protected person.
What Can a Domestic Violence Restraining Order Include?
A domestic violence restraining order is a court order that prohibits a person from engaging in abusive or threatening behavior towards someone they have a close relationship with. It can include restrictions on contacting the victim, visiting their home or workplace, and possessing firearms. The order may also provide temporary custody of children and require the abuser to attend a domestic violence program. The purpose of a restraining order is to protect the victim and ensure their safety. It is important to remember that breaking a restraining order is a crime and can result in arrest and jail time.
How Do I Go About Getting a Domestic Violence Restraining Order?
Getting a domestic violence restraining order involves the following steps:
- Contacting local law enforcement or a domestic violence shelter for help.
- Filing a petition at the local courthouse or through a lawyer.
- Attending a court hearing where the judge will hear both sides of the story.
- If granted, the restraining order will be served to the abuser and will prohibit them from having contact with you.
- It’s important to keep a copy of the order with you at all times and call the police if the order is violated.
Remember, a restraining order is a legal tool to protect yourself from harm and should not be taken lightly. Get help if you need it.
Will a Domestic Violence Restraining Order Protect Me Against a Violent Person?
Yes, a domestic violence restraining order can protect you against a violent person. The restraining order is a legal document that orders the person to stop any violent or threatening behavior towards you. The person must stay away from you and any other places you may frequent, such as your home, work, or school. If the person violates the restraining order, they can be arrested and face criminal charges. However, it’s important to note that restraining orders are not a guarantee of protection and it’s always best to have a safety plan in place and seek help from law enforcement if you feel threatened.
Should I Care if Someone Obtains a Domestic Violence Restraining Order Against Me?
Yes, you should care if someone obtains a domestic violence restraining order against you. A restraining order is a legal document that prohibits you from contacting, harassing, or threatening the person who obtained the order. If you violate the order, you could face serious legal consequences, such as arrest and imprisonment. Additionally, a restraining order can have a negative impact on your reputation and future opportunities. It may also affect your rights, such as your ability to see your children or own firearms. It is important to take the allegations seriously and work with a lawyer to address the situation and protect your rights.
What Should I Do If I Am Served With a Temporary Restraining Order and/or Request for a Domestic Violence Restraining Order?
If you are served with a temporary restraining order or a request for a domestic violence restraining order, it is important to take the matter seriously. The first step is to read the order carefully and make sure you understand the terms. You should comply with the order and avoid any contact with the person who requested the order. You should also seek legal advice from a lawyer who specializes in domestic violence cases. If there is a hearing scheduled, make sure to attend it and have your lawyer represent you. Remember, violating a restraining order can result in serious legal consequences.