What is Domestic Violence: In layman’s terms, domestic violence can occur to one spouse as the result of actual physical abuse, threats of immediate physical abuse, and severe psychologically abusive behavior. When such abuse to a spouse also occurs (even incidentally) in the presence of a child, this is also deemed domestic violence to the child.
Who can get a Domestic Violence Protective Order: The family law court provides remedies for victims of “domestic violence” not only to children and spouses, but to other family members and persons who currently or formerly were dating or cohabitating with the abusive person.
Why would a person bring a false claim of domestic violence? The answer is because of the remedies and litigation advantages that a meritorious claim of domestic violence can provide. See below.
Remedies: Remedies provided a domestic violence restraining order may include precluding the perpetrator from coming within 100 yards of a protected party and his/her work, house, and other family members. It precludes the perpetrator from having possession of any firearms, and may preclude direct and indirect communication and stalking. A domestic violence restraining order may provide exclusive use of a home for an extended period of time, even in cases where the victim would otherwise not be entitled to keep the property in the long term. A rebutable presumption is also created against the perpetrator, of the entitlement to legal or physical custody of the parties’ children, and against entitlement to spousal support. A finding of domestic violence also goes on the perpetrator’s public record, and thus can impair or preclude their ability to obtain certain types of work (such as a school teacher, or to be a lawyer), or impair or prevent participation in certain activities such acting as a coach for minors in extracurricular sports.
There are three types of Domestic Violence Restraining Orders:
(1) Emergency Protective Orders (“EPO”): These are restraining orders issued by the police on behalf of the victim at the time the incident is reported. Generally, these only last about a few days to provide the victim with enough time to go to court to seek a Temporary Restraining Order.
(2) Temporary Restraining Order (“TRO”): These protective orders are obtained by seeking relief from the court. They generally last for a period of 15 days or until the time of the hearing for the Permanent Restraining Order, whichever is later. In cases where there is a risk of bodily harm if notice is given, a temporary restraining order can be obtained without providing initial notice to the offending party. That party will have the opportunity to present his/her case at the next hearing.
(3) Permanent Restraining Order (“PRO”): These orders are not really permanent. They can be issued to last up to 5 years, but can be renewed near the time of expiration upon proper grounds. At the Permanent Restraining Order Just like a trial, a the hearing both sides will have the opportunity to testify, call other witnesses to testify, and present documentary evidence to the court. If you are the alleged abuser, we can probably obtain you a continuance if needed, to provide time to marshal evidence and witnesses to better defend you.
What if my case involves some other type of Restraing Order? If you need to obtain or defend against a civil harassment restraining order or a workplace restraining order, don’t worry, we handle those too.
Don’t Ignore A Request for Restraining Orders: Some people mistakenly choose to ignore a notice of a request for restraining orders issued against them – DON’T DO THIS! As discussed above, requests for restraining orders have severe ramifications, and can also irreparably damage your personal and business reputation, give a litigation advantage to the opposing party, and make you particularly vulnerable to future harassment by the opposing party by setting you up to be arrested.
We Often Litigate Restraining Orders On a Daily Basis: It is not uncommon for us to be in court on a daily basis, prosecuting request for protective orders on behalf of real victims, and defending against false claims of domestic violence. You need an attorney who knows the intricacies of the law, and how to prepare and present a strong case within days or hours. Let our experienced attorneys provide you with the representation you need.
Same or Next Day Restraining Orders Available: We prosecute domestic violence restraining orders so frequently, we can often obtain you a temporary restraining order the same day.
We Work With Top Tier Criminal Defense Attorneys: If you have been served with an Emergency Protective Order, the District Attorney (“D.A.”) may elect to prosecute you in criminal court. Thus, you may end up needing to defend yourself in two courts, the criminal court as against the D.A., and the family law court as against the alleged victim. Your defense in both arenas needs to be coordinated to be most effective and to avoid waiving your rights. We frequently work with top notch criminal defense attorneys to coordinate the defense of our clients in family law and criminal court.
Let us provide you with immediate assistance with your urgent matter. Call us now at (949) 398-8720 today to schedule a consultation.
We serve clients throughout Orange County, North San Diego County, Riverside County and Los Angeles County.