Domestic Violence in California is recognized as not only physical violence or a threat of physical violence, but also any emotional, financial, or verbal abuse that disturbs the peace and calm of the individual. This not only occurs between spouses but can occur between persons in a dating relationship and anyone who is related by blood or marriage. Domestic Violence case law and statutes are changing frequently in California and hiring a Certified Family Law Specialist who will act quickly and competently is necessary to ensure your and your children’s safety and wellness.
Sadly, some litigants try and use Domestic Violence to gain an advantage in a family law matter. In that case, having a zealous and knowledgeable defender next to you in Court is crucial. No matter whether you are the victim or the alleged perpetrator, quickly contacting an attorney to obtain legal advice at the beginning of the situation can assist in preventing unnecessary escalation. We are experienced in handling Domestic Violence cases in San Bernardino, Riverside, Orange, and Los Angeles Counties.
Domestic Violence in California is recognized as not only physical violence or a threat of physical violence, but also any emotional, financial, or verbal abuse that disturbs the peace and calm of the individual. This not only occurs between spouses but can occur between persons in a dating relationship and anyone who is related by blood or marriage. Domestic Violence case law and statutes are changing frequently in California and hiring a Certified Family Law Specialist who will act quickly and competently is necessary to ensure your and your children’s safety and wellness.
Sadly, some litigants try and use Domestic Violence to gain an advantage in a family law matter. In that case, having a zealous and knowledgeable defender next to you in Court is crucial. No matter whether you are the victim or the alleged perpetrator, quickly contacting an attorney to obtain legal advice at the beginning of the situation can assist in preventing unnecessary escalation. We are experienced in handling Domestic Violence cases in San Bernardino, Riverside, Orange, and Los Angeles Counties.
Many clients often ask what our strategy is or what we have planned for a particular hearing or event in the case. Oftentimes, it is hard to predict an exact course of action or outcome because we are working with other individuals, such as judges, experts, attorneys, and litigants. A good strategy in our eyes is made of the following:
The initial step of a Domestic Violence case is to file a request with the Court for temporary restraining orders. The Court will generally review this document without a formal hearing or the need to speak to either party. Once the temporary orders are made [or denied], the other party will need to be served with notice of the orders and the hearing on the request. If temporary orders were made, the hearing must be within 21 days [or 25 with good cause]. At the initial hearing on the request, the restrained party has the right to request a continuance or they can request to move forward. If the Court does not have time that day, it will set a later date for hearing and the parties will then present evidence and testimony to the Court in support of his/her position. After that, the Court will decide whether to grant a Permanent Restraining Order. The Court will issue a Domestic Violence Restraining Order after Hearing if Permanent Orders are made. If the restrained party was not present when the orders were made, the protected party will need to have them personally served with the Permanent Orders.
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