Domestic Violence Attorneys
Under California Penal Code Section 13700, “Domestic violence” is defined as abuse that is committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating engagement relationship.”
California Family Code Section 6203 states “abuse” can mean to intentionally or recklessly cause or attempt to cause bodily injury, sexual assault, to place a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to engage in any behavior that has been or could be enjoined pursuant to Family Code Section 6320.
Acts that can be enjoined pursuant to Family Code Section 6320 include, but are not limited to, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, destroying personal property, or disturbing the peace of the other party.
When domestic violence occurs, you can ask for a domestic violence restraining order. You can ask for this when someone abuses you or someone you live with such as a child or relative, and you have a close relationship with that person.
Domestic Violence restraining orders can affect child custody and visitation rights. They can enable you to seek exclusive use of your home, require the other person to maintain financial obligations, such as mortgage payments, and preventing the other person from being within a certain number of yards from you or your children. You should be well-prepared for these proceedings and understand what to expect.
Additionally, when an incident is reported to the police and charges are pressed, criminal proceedings will occur as a result. The State may prosecute even if the victim does not want to prosecute in some cases and restraining orders may be set into place.
According to California Code of Civil Procedure Section 525, an “injunction” (also known as a restraining order) is a “writ or order requiring a person to refrain from a particular at. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.” Restraining orders, on a family level, can protect a member from being physically or sexually abused, threatened, stalked, or harassed. They will stop specific acts against everyone named in the order, keep the restrained person a certain distance away, or even in some circumstances tell the restrained person to move out from where the protected person lives and take only clothing and personal belongings along.
Free Initial Consultation
We invite you to call our law firm today at 714-731-8600 to arrange a free consultation with our Orange County domestic violence attorney to discuss your issue. Or you may send us an e-mail. Se habla español. Telephones are answered 24 hours a day.