Orange County Domestic Violence Attorney

Legal Protection Available for Domestic Violence Victims in Orange County, CA

Restraining orders are available to victims of abuse as legal protection in California. These court-issued orders protect an individual from physical harm and other forms of abuse. A restraining order is issued against a family or household member or any ex-partner or ex-spouse threatening the safety of another.

There are different categories of restraining orders issued to prevent further contact between the parties and protect the victim. Each order is used for different situations.

Below are some types of restraining orders granted in California:

• Emergency Protective Order (EPO)

Emergency protective orders are mainly issued by law enforcement. It is a temporary order which is valid only for five days. It is commonly ordered in domestic violence and other criminal cases.

• Temporary Restraining Order (TRO)

Temporary restraining orders are issued on a temporary basis. They usually last for up to 3 weeks when a restraining order action is filed in a family law or civil court. A TRO may or may not be followed by a permanent restraining order.

• Permanent Restraining Order (PRO)

After a hearing, the court may grant a long-term permanent restraining order for up to 5 years. After the expiration of this period, it may be open to extension or renewal.

• Criminal Protective Order

This type of restraining order is made by the district attorney's office. Once issued, the defendant is prohibited from contacting the victim in any manner.

At Jos Family Law, our Orange County domestic violence lawyers can provide you with the legal help you need. Our team is committed to getting you the resources & resolution during this difficult time in your life.

Our compassionate team will listen to your needs and create a customized strategy that keeps you safe. From temporary restraining orders - to divorce paperwork, our lawyers will take care of all of your legal needs related to domestic violence.

How Domestic Violence Affects Child Custody and Divorce?

Domestic violence charges, or even allegations, can affect various family law situations. Divorce, child custody, and visitation agreements can all be affected by domestic violence. You may be wondering how the court views domestic violence in the context of family law issues. Let's talk about how domestic violence impacts child custody and divorce.

Family Code Section 3044 states that the court must consider past instances of domestic violence when determining the best interests of the child. Thus, if a parent had perpetrated an act of domestic violence, they would face serious challenges in their custody bid. In such situations, the judge will most likely award sole custody to the other parent.

For the purpose of child custody, family courts use the same definition of domestic violence as outlined in Section 6320.

The parent who has committed domestic violence in the past may lose custody, but they may still be entitled to visitation rights. However, due to the child's safety concerns, the court may limit their visitation rights. Depending on the extent of the abuse, the accused may only be granted a short period of time with the child each month. These visits may be supervised either by relatives, social workers, or law enforcement to ensure the child's safety.

Moreover, spouses who have committed abusive acts become ineligible to receive spousal support after divorce. On the other hand, spouses who have suffered from domestic violence get an increased amount and length of alimony. During the divorce process, the court may grant a temporary order of spousal support to cover the living expenses of the abused spouse. This allows them to remain in the family home and manage their expenses while the abusive spouse is forced to live apart.

It's crucial for victims of domestic violence to seek help & guidance immediately. At Jos Family Law, our seasoned & compassionate attorneys are here for you & your family every step of the way. Contact Jos Family Law today for a consultation.

Steps to Take If You Are Facing Domestic Violence

Step 1: Seek immediate safety

If you are a victim of abuse, the first step is to seek safety for yourself and your loved ones. If your life, health, or well-being is in imminent danger, contact law enforcement agencies to prevent the abuse from escalating.

Step 2: File for a restraining order with legal assistance

The next step is to seek legal help from an experienced Orange County domestic violence attorney and apply for a restraining order. An attorney can obtain a temporary or permanent restraining order quickly and prevent the abuser from contacting or coming near you.

Step 3: Gather evidence

When it comes to domestic violence, evidence is of paramount importance. That's why you should document everything that corroborates your side of the story. Write down each incident of domestic violence and gather evidence, including messages, calls, and medical records of physical abuse that support your case. Recording incidents via photo or video can also help bolster your case against the abuser.

Step 4: Work with an experienced domestic violence attorney to build your case

It is crucial to have an experienced domestic violence lawyer on your side, as they will be able to present a strong case on your behalf. During a domestic violence trial, victims can expect to give testimony and answer questions from the accused. Witnesses may also be called in to provide evidence.

At the end of the trial - the judge will decide whether or not a restraining order should be granted. Victims of domestic violence are often entitled to compensation for medical bills, loss of wages, and other damages. With the help of an accomplished domestic violence lawyer, victims can ensure their rights are protected.