Searching to find an exceptional Orange County Domestic Violence Lawyer
Unfortunately, domestic violence is not uncommon in the twenty-first century. Whether it is a factor in a divorce, or just an issue within a family, there are legal remedies to protect victims of domestic violence, as well as their children or other affected parties.
If the violence is taking place right now, contact the authorities as soon as possible in any way that you can. Any law enforcement officer can help you and your children get out of the dangerous situation and obtain an order of protection that can go into effect immediately.
Unlike other areas of family law, it is not recommended that the parties attempt to reconcile or work out their differences outside of a courtroom when it comes to violence or abuse. Always speak to a domestic violence attorney in your area about protecting yourself or loved ones.
What is Domestic Violence?
According to the law in California, domestic violence needs to fulfill two requirements in order to be categorized as such. The first word, ‘domestic’ refers to the relationship between the people involved: the abuser and the abused person. The second word, ‘violence’ refers to the actions that take place between the two people.
In order to be considered ‘domestic’, the violence or abuse must take place between two people who either are currently, or have been previously, in an intimate relationship. This can be two people who are married, in a registered domestic partnership, divorced, legally separated, in a dating relationship, used to be in a dating relationship, live together or used to live together, share a child together, or are related in the first degree. Being related in the first degree can be a sibling relationship, parent and child, spouse or domestic partner, or grandparent.
Just because the relationship between the two people does not fall into the category of ‘domestic’ violence does not mean that violence is not occurring or that there is no legal remedy for the situation. It simply means that the remedy and the path to it are slightly different than the one for domestic violence.
Violence, or abuse, can include various actions, including the following.
• Physically hurting another person, whether intentionally or negligently. This can include pushing, striking, burning, bruising, breaking bones, etc.
• Sexually assaulting another person,
• Threatening, making promises to harm someone, or making them reasonably afraid of harm or abuse,
• Disturbing another person’s peace,
• Destroying someone’s personal property,
• Harming a person’s pets,
• Other actions, including emotional, verbal, psychological, mental, physical, or sexual abuse.
If you or a loved one, especially a child, is a victim of any of these kinds of abuse from any person, even if it does not fit into the category of ‘domestic’ violence, contact an attorney as soon as possible so that you can take action to get protection. Your safety, or a child’s safety, may be at risk, and an attorney is here to help you.
Basics of Orders of Protection in California
When you talk to an attorney about an instance or recurring instances of domestic violence, there are several things that the attorney can do. There are several kinds of restraining orders, or protective orders, that you can obtain in California if you are a victim of domestic violence.
Kinds of Protective Orders
There are three main types of protective orders that you can obtain in California, and each serves a different purpose.
The first is called an Emergency Protective Order
Any officer of the law can contact a judge at any time of the day or night to obtain an emergency protective order. It will go into effect within 24 hours, and can last for up to seven days. It is intended to give the abused person time to contact the court and file a request for a temporary restraining order.
During the time that the emergency protective order is in place, it may prevent the abuser from returning to his or her home if that is where the abused person resides, and it can require the abuser to stay away from any children that they may have together during that time. There is no hearing for an emergency protective order, which is why it only lasts for up to one week.
The second kind of protective order is a Temporary Restraining Order
In order to get a temporary restraining order, you will need to file a request with the court asking for a restraining order. It can go into effect quickly and will provide protection now, but only lasts for 20 to 25 days, depending on how long it takes for a hearing to be held. It will be granted based on the case you present to the judge, so it is best to work with a qualified lawyer to obtain a temporary restraining order. You will need to make the judge believe that you have a reasonable reason for a restraining order to be in place.
The third type of restraining order is a Permanent Protective Order
When your hearing is held, your temporary restraining order will expire, and a judge will listen to both sides of the story and make a decision about whether a restraining order is necessary. Usually a permanent restraining order will last for up to three years, and at the end of those three years you may ask the judge for a new order if you think it is necessary. The judge will make a decision on whether or not the order needs to be continued.
What Does a Protective Order Do?
Protective orders can provide protection in several ways. Generally, they either place restrictions on actions that a person can take, require a person to stay away from certain people or places, or require a person to move out of his or her home. These are called personal conduct orders, stay away orders, and residence exclusion orders, respectively.
Restraining orders involve two parties: the restrained party and the protected party, which may include a person and his or her children or people who live with him or her. A protective order is another name for a restraining order. Protective orders may place any number of restrictions on a restrained person, including the following.
• The restrained person may be disallowed from contacting the protected person in any way, including speaking in person, over the phone, through electronic communications like phone calls, text messages, email, chat, or online, or through the mail or another person.
• The restrained person may be disallowed from taking certain actions, like attacking, striking, battering, threatening, stalking, or harassing the protected party.
• The restrained person may be disallowed from destroying the property of the protected party.
• The restrained person may be disallowed from sexually assaulting or touching the protected party.
• The restrained person may be disallowed from going near the protected party, including the protected person’s place of work, home, children’s school, children’s day care, and places that the protected party frequents.
• The restrained person may be disallowed from returning to his or her home if the protected party also resides there.
• The restrained person may be required to follow certain additional child custody, child support, spousal support, partner support, or other family law orders.
What to do if You Are Accused of Domestic Violence in OC California?
If you have been accused of domestic violence, you should always contact an attorney as soon as possible. In some cases, the accuser may be able to obtain an emergency protective order or a temporary restraining order without allowing you the opportunity to share your side of the story.
Whether you are guilty or not, you do need to follow the terms of all orders issued against you. Work with a skilled attorney who can help you build your case and help you avoid a permanent or long term restraining order. There may be long-term consequences if the order is granted.
If you share custody of your children, a restraining order may be used as evidence that violence is an issue, and it can affect your long-term child custody and visitation orders. You may also lose any spousal support that you could have received in a divorce, or any that you have been receiving.
Orange County Domestic Violence Attorneys
If you or a loved one is facing violence at home, contact the authorities immediately. An emergency protective order can make a world of difference, and can be the first step in moving forward from a bad situation.
A domestic violence lawyer can help you obtain protection now and in the long term. You owe it to yourself and to your children to move forward. Contact a qualified domestic violence lawyer as soon as possible. At Yanez & Associates, we offer free initial consultations, and we look forward to meeting you. Contact us today to schedule your free consultation.
Table of Contents
- 1 Searching to find an exceptional Orange County Domestic Violence Lawyer
- 2 What is Domestic Violence?
- 3 Basics of Orders of Protection in California
- 4 Kinds of Protective Orders
- 5 What to do if You Are Accused of Domestic Violence in OC California?
- 6 Orange County Domestic Violence Attorneys