DOMESTIC VIOLENCE: WE CAN HELP?
Are you a victim of domestic violence? If so, WE CAN HELP YOU obtain a restraining order in family court against the perpetrator. We can SHIELD you from the physical and emotional abuse you or your children have sustained.
OR
If you have you been falsely accused of domestic violence or spousal abuse, WE CAN HELP YOU. We will defend you from your spouses or cohabitant significant other who is falsely accusing you in order to keep you away from your home or your children. Often these allegations are brought by a self represented party.
USING DOMESTIC VIOLENCE AS A SHIELD OR SWORD???
As family law attorneys we constantly see the horrific emotional and physical affects of domestic violence toward spouses and children. Domestic violence is a tragic type of violence that is a serious offense that should be immediately reported to law enforcement and the courts! It is important to document with the police, friends, and family members. We daily help women and men deal with this family taboo and help free their families from the emotional and physical scarring these acts of abuse cause.
Similarly, because we know of the devastating affects of this type of violence and the serious ramifications that a restraining order has, we carefully select our cases and ensure that women and men are not using these allegations as swords to keep moms and dads from their homes and from their children. We are committed to also helping those who has been falsely accused of domestic violence. It is an injustice for false serious allegations to be used as leverage in custody battles and divorces.
DOMESTIC VIOLENCE PREVENTION ACT (DVPA): WHO IS PROTECTED?
The law is on your side! California Family Code § 6200 et seq. incorporates this act. The intent of domestic violence laws are to prevent the acts of domestic violence from reoccurring.
California Family Code §6211 specifically states those who can be protected by a Family Law Restraining Order. Those people are as follows:
- Spouse: A spouse or former spouse.
- Cohabatant: or a person who regularly lives with you in your home, or who regularly lived with you in your home.
- Dating Or Engagement Relationship: A person with whom you have a "dating” relationship with, or have been
“hooked” up with in some way. A "dating relationship" is defined by the Family Code as having "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations."
- Coparent: A person with whom you have had a child with.
- Child: if you are a child of the person who is committing domestic violence.
- Blood Relatives: if you are related to the person by consanguinity or affinity within the second degree. In other words, father-in-laws and brother-in-laws are included.
HOW TO PROVE DOMESTIC VIOLENCE? “HE SAID, SHE SAID” vs. “PROOF”
California Family Code § 6300 specifically states that a person must show "reasonable proof of a past act or acts of abuse" in order to obtain a protective order, or a restraining order against one of the persons above.
The Family Code defines "Abuse" as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined pursuant to Ca Fam § 6320.
In other words, a person does not have to physically touch you to have abused you. For example a person who shatters a mirror with their fist and says, “I’m gonna kill you next,” may be committing domestic violence. In this example, you should immediately call the police and flee to a safe place. You should take pictures of the shattered mirror, and ask the officer to find the person who shattered the mirror, to see if the police can find any physical wounds or blood that links them to the breaking of the mirror. Immediately after the incident the victim should obtain a restraining order against this person to prevent this person from any further retaliations.
MAKE SURE TO OBTAIN A RESTRAINING ORDER AND OTHER ORDERS TO BE PROTECTED:
When a person is seeking a restraining order, they can ask the Court for the following additional temporary orders:
- Temporary Custody: where the custody of a minor child is in issue, a parent may ask for sole physical and legal custody until the other parent seeks help by engaging in parenting classes, a 52 week batterers program, anger management, drug testing, or any other program the court seeks to be just and proper.
- Temporary Child Visitation: a parent may ask for no visitation, or supervised visitation, depending on the severity of the violence that was committed by the other parent.
- Child Abduction Prevention Orders: if there is a risk that one parent may abduct a minor child and flee to another county, state or country, then you should alert the court to this.
- Dwelling Exclusion: You may want to ask the court to order the person out of the family home. In domestic violence cases, you may be asked to leave the home temporarily, even if you hold title until a full hearing takes place. You must show the court that you have some right to remain in the premises.
- Firearms Restraining Order: Typically if a restraining order is granted, then the person who is the alleged aggressor must turn in to the local law enforcement any and all firearms they have in their custody and possession. The alleged aggressor may NOT own, possess, purchase, or have under their care any type of firearm.
- Wiretap Order: Also, you may want to ask the court to allow you to record any communication that the aggressor attempts to make with you or has with you in violation of the temporary orders. If you do not have this provision written in an order than you may be in violation of Federal wiretapping laws
HOW DO YOU OBTAIN PROTECTION/ A RESTRAINING ORDER
In California, you typically request an emergency order, or an ex parte hearing. To obtain an ex parte hearing, you fill out all the appropriate paperwork in your county and make sure that you specifically in detail explain the most recent incident of abuse and any other specific incidents of abuse that you have sustained. If the abuse has been in the presence of your children or someone else, make sure you include their statements. Also include any Emergency Protective Orders or Criminal Protective Orders, along with police reports that have been issued to you for this incident or other incidents of violence. The goal is to get the Judicial Officer’s attention on the face of the documents.
Usually, you will find out within an hour or two if the Judge has given you a temporary restraining order. If you have been given one, make sure you take to your local enforcement agency so that they can serve it on the person who has committed the act of abuse. Also, make sure you carry one on you at all times, and have distributed one to the child’s school, place of employment, or any other place you frequent.
A temporary restraining order is usually only given to you for a period no longer than twenty-one (21) days. During this time, the court sets a hearing, and at that hearing the person who was alleged to have committed domestic violence is given notice and must appear to defend himself / herself. This hearing is then a mini-trial where each person presents their evidence, testimony, arguments, and reasoning for obtaining a restraining order or defending oneself from getting a permanent restraining order issued against them.
AS FAMILY LAW ATTORNEYS, WE CAN HELP YOU! FOR MANY, THIS IS A TEDIOUS PROCESS; HOWEVER WITH THE CORRECT GUIDANCE WE CAN HELP GUIDE YOU THROUGH THIS DEVASTATING CHAPTER!
Are you a victim of domestic violence? If so, WE CAN HELP YOU obtain a restraining order in family court against the perpetrator. We can SHIELD you from the physical and emotional abuse you or your children have sustained.
OR
If you have you been falsely accused of domestic violence or spousal abuse, WE CAN HELP YOU. We will defend you from your spouses or cohabitant significant other who is falsely accusing you in order to keep you away from your home or your children. Often these allegations are brought by a self represented party.
USING DOMESTIC VIOLENCE AS A SHIELD OR SWORD???
As family law attorneys we constantly see the horrific emotional and physical affects of domestic violence toward spouses and children. Domestic violence is a tragic type of violence that is a serious offense that should be immediately reported to law enforcement and the courts! It is important to document with the police, friends, and family members. We daily help women and men deal with this family taboo and help free their families from the emotional and physical scarring these acts of abuse cause.
Similarly, because we know of the devastating affects of this type of violence and the serious ramifications that a restraining order has, we carefully select our cases and ensure that women and men are not using these allegations as swords to keep moms and dads from their homes and from their children. We are committed to also helping those who has been falsely accused of domestic violence. It is an injustice for false serious allegations to be used as leverage in custody battles and divorces.
DOMESTIC VIOLENCE PREVENTION ACT (DVPA): WHO IS PROTECTED?
The law is on your side! California Family Code § 6200 et seq. incorporates this act. The intent of domestic violence laws are to prevent the acts of domestic violence from reoccurring.
California Family Code §6211 specifically states those who can be protected by a Family Law Restraining Order. Those people are as follows:
- Spouse: A spouse or former spouse.
- Cohabatant: or a person who regularly lives with you in your home, or who regularly lived with you in your home.
- Dating Or Engagement Relationship: A person with whom you have a "dating” relationship with, or have been
“hooked” up with in some way. A "dating relationship" is defined by the Family Code as having "frequent, intimate associations primarily characterized by the expectation of affection or sexual involvement independent of financial considerations."
- Coparent: A person with whom you have had a child with.
- Child: if you are a child of the person who is committing domestic violence.
- Blood Relatives: if you are related to the person by consanguinity or affinity within the second degree. In other words, father-in-laws and brother-in-laws are included.
HOW TO PROVE DOMESTIC VIOLENCE? “HE SAID, SHE SAID” vs. “PROOF”
California Family Code § 6300 specifically states that a person must show "reasonable proof of a past act or acts of abuse" in order to obtain a protective order, or a restraining order against one of the persons above.
The Family Code defines "Abuse" as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another, or engaging in any behavior that has been or could be enjoined pursuant to Ca Fam § 6320.
In other words, a person does not have to physically touch you to have abused you. For example a person who shatters a mirror with their fist and says, “I’m gonna kill you next,” may be committing domestic violence. In this example, you should immediately call the police and flee to a safe place. You should take pictures of the shattered mirror, and ask the officer to find the person who shattered the mirror, to see if the police can find any physical wounds or blood that links them to the breaking of the mirror. Immediately after the incident the victim should obtain a restraining order against this person to prevent this person from any further retaliations.
MAKE SURE TO OBTAIN A RESTRAINING ORDER AND OTHER ORDERS TO BE PROTECTED:
When a person is seeking a restraining order, they can ask the Court for the following additional temporary orders:
- Temporary Custody: where the custody of a minor child is in issue, a parent may ask for sole physical and legal custody until the other parent seeks help by engaging in parenting classes, a 52 week batterers program, anger management, drug testing, or any other program the court seeks to be just and proper.
- Temporary Child Visitation: a parent may ask for no visitation, or supervised visitation, depending on the severity of the violence that was committed by the other parent.
- Child Abduction Prevention Orders: if there is a risk that one parent may abduct a minor child and flee to another county, state or country, then you should alert the court to this.
- Dwelling Exclusion: You may want to ask the court to order the person out of the family home. In domestic violence cases, you may be asked to leave the home temporarily, even if you hold title until a full hearing takes place. You must show the court that you have some right to remain in the premises.
- Firearms Restraining Order: Typically if a restraining order is granted, then the person who is the alleged aggressor must turn in to the local law enforcement any and all firearms they have in their custody and possession. The alleged aggressor may NOT own, possess, purchase, or have under their care any type of firearm.
- Wiretap Order: Also, you may want to ask the court to allow you to record any communication that the aggressor attempts to make with you or has with you in violation of the temporary orders. If you do not have this provision written in an order than you may be in violation of Federal wiretapping laws
HOW DO YOU OBTAIN PROTECTION/ A RESTRAINING ORDER
In California, you typically request an emergency order, or an ex parte hearing. To obtain an ex parte hearing, you fill out all the appropriate paperwork in your county and make sure that you specifically in detail explain the most recent incident of abuse and any other specific incidents of abuse that you have sustained. If the abuse has been in the presence of your children or someone else, make sure you include their statements. Also include any Emergency Protective Orders or Criminal Protective Orders, along with police reports that have been issued to you for this incident or other incidents of violence. The goal is to get the Judicial Officer’s attention on the face of the documents.
Usually, you will find out within an hour or two if the Judge has given you a temporary restraining order. If you have been given one, make sure you take to your local enforcement agency so that they can serve it on the person who has committed the act of abuse. Also, make sure you carry one on you at all times, and have distributed one to the child’s school, place of employment, or any other place you frequent.
A temporary restraining order is usually only given to you for a period no longer than twenty-one (21) days. During this time, the court sets a hearing, and at that hearing the person who was alleged to have committed domestic violence is given notice and must appear to defend himself / herself. This hearing is then a mini-trial where each person presents their evidence, testimony, arguments, and reasoning for obtaining a restraining order or defending oneself from getting a permanent restraining order issued against them.
AS FAMILY LAW ATTORNEYS, WE CAN HELP YOU! FOR MANY, THIS IS A TEDIOUS PROCESS; HOWEVER WITH THE CORRECT GUIDANCE WE CAN HELP GUIDE YOU THROUGH THIS DEVASTATING CHAPTER!
I am a single parent 6 year old girl; taken due to prejuried statements; have filed all prove but other party had lawyer and I dont speck. Any advice will go a long way johnvitatoe@yahoo.com
ReplyDeleteYou can see number of domestic violence stories in media. i think one of the main reason behind domestic violence is, trying to control your partner mentally.
ReplyDeleteconveyancing solicitor