Domestic Violence & Family Law Attorneys in Orange County
Protecting the Safety & Reputation of Our Clients
No one deserves to be the victim of domestic violence. Just as significant,
no one deserves to have false claims of domestic violence made against
them by an opposing party seeking a litigation advantage. We at
The Buncher Law Corporation are very experienced in handling both types of claims. We are passionate
protectors of the rights of the men and women we represent in Orange County.
To schedule an initial consultation, call us at (949) 536-7500.
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 psychological 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. Family law courts provide 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.
Remedies to Domestic Violence
Obtaining a restraining order can be a remedy to domestic violence. These
orders can prohibit a 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 rebuttable presumption is also created against the perpetrator of the
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 or impair or prevent participation in certain activities,
such as coaching minors in extracurricular sports.
What Types of Restraining Orders Are Available?
There are three types of domestic violence restraining orders:
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.
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.
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 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
What if My Case Involves Some Other Type of Restraining 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. Some people mistakenly choose to ignore a notice of a request for
restraining orders issued against them - do not 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.
The Buncher Law Corporation: Litigating Restraining Orders on a Daily Basis
It is not uncommon for our
Irvine family lawyers to be in court on a daily basis, prosecuting requests 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. We
prosecute domestic violence restraining orders so frequently, we can often
obtain you a temporary restraining order the same day.
If you have been served with an Emergency Protective Order, the District
Attorney may elect to prosecute you in criminal court. Thus, you may end
up needing to defend yourself in two courts: the criminal court against
the D.A. and the family law court 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.
Contact us for immediate assistance with your urgent matter.