Orange County Domestic Violence Attorney Temporary Restraining Orders Lawyer
The Orange County domestic violence attorney, stresses that accusations of domestic violence are extremely significant and if factual, the abused may suffers from emotional, mental and physical conditions.
On the other hand if a person has been falsely accused of domestic violence, he or she must take the proper steps to defend themselves.
Domestic violence charges may be considered criminal; therefore, not only does one need to deal with the family law court for the civil matter, but sometimes also hire an attorney to represent them in a criminal court.
Family law attorneys will not proceed with the domestic violence matters in the family law courts until the out come of the criminal case has been resolved. Attorneys do not want anything coming out of the family law case to be used against their client in a criminal court.
At the Orange County Family Law Offices of Yanez & Associates, we have a staff of attorneys that are well-informed, concerned and ready to champion for your legal rights. Therefore, if you or your family are victims of domestic violence or if you have been wrongfully accused of domestic violence, rest assured we are ready to assist you and your family with the necessary legal steps.
What Is Domestic Violence?
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
The domestic violence laws say “abuse” is:
• Physically hurting or trying to hurt someone, intentionally or recklessly;
• Sexual assault;
• Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
• Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
The physical abuse is not just hitting. Abuse can be shoving, kicking, pushing, pulling hair, throwing things, scaring or following you, or keeping you from freely coming and going. It can even include physical abuse of the family pets.
Keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused.
At the Orange County Family Law Offices of Yanez & Associates, we can counsel you through the complex legal procedures involved in domestic violence cases.
Restraining orders provide a legal tool for holding the abuser responsible for his or her actions. Hence, if an abuser defies a protective order, the abuser may be arrested in accordance with the California Law.
A domestic violence restraining order can be obtained on an ex parte emergency basis with or without notice to the other party if certain factors are shown to the court. An Ex- Parte is obtained on 4 hour notice in Orange County, when the victim or moving party can show immediate harm will occur unless the court hears the matter and makes emergency temporary orders. In other words it may be possible that only one side appears before the court. The victim/moving party is required to file a declaration that indicates with “reasonable proof” that an act of abuse or neglect occurred. If a temporary restraining order (TRO) is issued a hearing will be held within 21 days. At the hearing the other side will be able to respond to any allegations raised. If the court finds by a preponderance of the evidence that domestic violence has occurred, the court can issue a permanent five (5) year restraining order.
If abuse is imminent and the court is unavailable, a victim of domestic violence can call police. The police can upon investigation can issue an emergency protective order (EPO). The police officer must specifically request that a judge issue the emergency protective order. This type of domestic violence prevention order remains in effect for five judicial business days after it was issued, and not more than seven calendar days. This EPO allows the victim time to file for a TRO in the proper court.
Restraining/Protective orders state that the abuser may not stalk, harass, disturb the peace, sexually abuse or communicate with the protected parties either directly or indirectly. A Restraining order can include a kick out order that excludes a person from the home. Permanent Restraining/protective orders can include provisions for child custody, visitation, child and spousal support, attorneys’ fees and costs.
Either party may request that the Court modify these orders, or the parties may stipulate to a modification. The victim of domestic violence may also request that a protective order be renewed.
Our Orange County family law attorneys are ready to assist you and your family in any restraining order matter. Please call us at 714-971-8000 .
At the Orange County Family Law Offices of Yanez & Associates, we can advise you through the complex legal procedures of domestic violence prevention in California. We offer help in obtaining and defending clients faced with protective orders, as well as modification of existing protective orders.
Please feel free to call 714-971-8000 anytime. Our attorneys are on call 24/7. Our mission is to maintain your self-respect throughout these trying times. Achieving positive results for our clients is paramount.
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