Domestic Violence

Overview

Domestic violence is quite possibly the most difficult area of family law, and an increasingly common and unfortunate reality in our society, with devastating results to all involved parties. Not only does domestic violence impact you, your work and home lives, and your family, but it has a crucial impact on child custody, spousal support, and other such issues in your family law case.

All those involved in domestic violence matters need to take steps to ensure that their rights are fully protected and that if applicable, their children are shielded as much as possible from the situation. We can help by providing aggressive and competent representation in these sensitive circumstances if you contact our offices to schedule a consultation.

FAQ

Q: Is domestic violence only physical violence?

A: Absolutely not! Domestic violence is any of the following: physical violence, forced or coerced sexual acts or behavior, threats of physical violence, psychological abuse, stalking, harassment, verbal abuse, among other acts. Typically, many kinds of abuse go on at the same time in a household.

Q: How much does it cost to file a restraining order?

A: Both the filing and service of a restraining order are free.

Q: How do I know if I qualify for a Domestic Violence Restraining Order?

A: You can ask for one if a person has committed acts of domestic violence against you, and you have a close relationship with that person (ex-spouse, a romantic relationship, etc.), or you are related. If you are being harassed or abused by a neighbor, roommate or co-worker, you can ask for a Civil Harassment Order, which can provide you the same protection.

Q: I want to file for divorce, but I am scared of my spouse. What should I do?

A: It is extremely important that you have a plan in place before filing your divorce paperwork for your safety, and the safety of your children. Having an “exit strategy,” including alternate living arrangements, changing your contact information, removing important documents from the home, and securing the best legal representation possible is vital. If you are a victim of domestic violence, you should look into the protection a restraining order offers.

Statutes

6203. For purposes of this act, “abuse” means any of the following:

  • (a) Intentionally or recklessly to cause or attempt to cause bodily injury.
  • (b) Sexual assault.
  • (c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  • (d)To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

6320.

  • (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
  • (b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.