If you have been a victim of domestic violence or the subject of wrongful accusations of domestic violence, time is not on your side. The law requires a quick and timely response to these incidents. Please contact us immediately so that appropriate steps can be taken to guarantee the protection of your rights.
If you are an unfortunate victim of domestic violence, stop reading and immediately call the police. Once you are safe, you should seek a temporary restraining order.
A restraining order is a court order that helps protect people from abuse. Abuse can be spoken, written, or physical. You can ask for one if a person has abused you, and you have a close relationship with that person (married, divorced, separated, dating or used to date, live together or used to live together), or you are related (parent, child, brother, sister, grandmother, grandfather, in-law).
The first (also called "temporary") order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 5 years. Child custody orders have different end dates and usually last until the child turns 18.
A restraining order can order the restrained person to:
- Not contact or go near you, your children, other relatives, or others who live with you
- Not have a gun
- Move out of your house
- Follow child custody and visitation orders
- Pay child support
- Pay spousal or partner support
If you have children, and have a restraining order against you, your child custody and visitation rights may be impacted. Family Code section 3044 basically says that if there is domestic violence within the past 5 years, the perpetrator will not have custody. There are exceptions. If this applies to you, you need to immediately contact an attorney. Here is a link for a good article by the Los Angeles Superior Court on Child Custody and Domestic Violence.
If you have any further questions or need additional information about our Family Law services, please do not hesitate to call (714) 441-5905.