Domestic Violence
Do Not Wait To Get Help
Your safety is most important. If you feel you are in immediate danger, call 911. Remove yourself from the situation, go to the police, or have someone contact the police for you.
If you want a restraining order, Document evidence is very helpful. If it is safe, make an official report to the police with a report number. Tell the police about the abuse you suffered. Take pictures of any injuries.
No one should have to suffer physical, emotional, or mental abuse. Partners and children should not live in fear for their safety; and no one should have their family, work, and social lives destroyed by false domestic violence allegations.
California Law recognizes all manner of domestic violence – not just physical bodily harm. It also instructs California courts to resolve domestic violence allegations faster than other cases. A Judge’s finding that someone has committed domestic violence has broad ranging consequences – it affects jobs, living arrangements, spousal support, child custody, criminal charges, and immigration status. The serious attitude Courts take with domestic violence makes the laws a vital tool for protecting victims. It also creates strategic advantages for parents and spouses in custody and divorce cases.
More than 25% of Core Family Law’s Family Law cases involve domestic violence. Our attorneys have the courtroom skills, Family Law experience, and Criminal Law experience to guide you through the restraining order process.
How Restraining Orders Work
Domestic Violence Restraining Orders are restraining orders put in place by the Family Law system to protect people in intimate and family relationships. Though the criminal justice system is not involved in Family Law Domestic Violence Restraining Orders, the Family Law orders often alert criminal investigators and criminal prosecutors to potential criminal cases.
There are four types of Family Court Domestic Violence Restraining Orders:
Emergency Protective Order (“EPO”)
This order is issued by the police department in cases where the victim may be in so much danger that he or she may not make it to the Courthouse. These orders generally last 3 to 5 days.
Temporary Restraining Order (“TRO”)
A Temporary Restraining Order is an order issued by a Judge. It can be issued based on the alleged victim’s side of the story alone. Its purpose is to provide immediate, temporary protection until the Court can hold a full hearing. It lasts for a period of 15-20 days or until the hearing for a more Permanent restraining order. In can protect the victim, friends, and family.
Domestic Violence Restraining Order (“DVRO”)
A Domestic Violence Restraining Order is issued after a court hearing where both sides have the opportunity to present evidence and where a Judge decides domestic violence took place. It can last for up to 5 years and can protect the victim, friends, and family. It is registered in a nationwide database and may can appear on some background checks. A DVRO can also affect a Court’s spousal support and child custody decisions.
Renewed Restraining Order
A Renewed Restraining Order is issued after a DVRO expires. The victim has to prove he or she still has a reasonable fear of the aggressor. A Renewed Restraining Order can last either for 5 years or for the victim’s lifetime.
Representing Victims
Victims of domestic violence should work with an attorney. But not just any Attorney. An attorney that is skilled in restraining order and domestic violence cases with trial experience litigating them. You need an attorney who can support you legally and emotionally, who will work with you to progress your case in a way you are comfortable with, and who can advocate for you in both Family Law and Criminal Court.
Core Family Law’s attorneys use their trial experience to advocate for their client’s in Court, to procure restraining orders, and to ask that aggressors pay attorneys’ fees. They also work closely with clients to ensure their well-being outside the courtroom. Core Family Law’s relationships with domestic violence shelters, counselors, law enforcement, the District Attorneys, office come together to ensure every client has the professional and emotional safeguards he or she needs.
Watch this quick video to understand when silence can protect your case: 🎬 When Silence is the Smart Move!
Representing Aggressors
It is, unfortunately, common for parents and spouses to make false accusations of domestic violence in an attempt to gain a strategic advantage in Family Law cases. Domestic violence changes the way the Court decides child custody and spousal support in favor of the victim. It gives the victim an opportunity to get control of a home. It can hinder the alleged aggressor’s ability to get a job, keep a job, and possess firearms. If the accusation is picked up by a criminal court, the alleged aggressor could face criminal penalties on top of the Family Law consequences.
Learn more about how courts handle contempt and violations in family law cases: 🎬 So your ex violated court orders again. Not every violation is contempt!
If you are accused of domestic violence, it is important to remember that you can fight the restraining order.
The consequences for a false allegation are significant. If a Judge thinks a domestic violence allegation is false, it can fine the individual who made the false allegation and issue a Court order that the individual is not credible. Even if the Judge grants the restraining order, the restrained party can work to have it removed or modified. Taking self-help classes (anger management, parenting, and mental health counseling), submitting to drug and alcohol testing, or finding facts that could not possibly have been presented to the Court during the original hearing can help address the restraining order.
Hiring an experienced attorney to fight your Domestic Violence Restraining Order is extremely important. Core Family Law understands how Court’s evaluate domestic violence and has the courtroom experience to present your case effectively.
Contact Core Family Law About Your Domestic Violence Case
In Court, ‘it doesn’t matter what you believe, it matters what you can prove!’ Core Family Law will work with you to identify and collect the evidence we need to present to the Court. Please keep in mind that this page is not legal advice for you or your case. Contact Core Family Law to speak with Simon Budhwani and schedule an in-person consultation.
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