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Domestic Violence
Domestic violence is unfortunately, sometimes an ugly reality, that hurts the most vulnerable members of a family. However, sometimes allegations of domestic violence are used by one party to obtain an unfair advantage. Whether you are the victim of domestic violence and need legal protection, or you have been falsely accused of domestic violence, we can help. The Law Offices of Stella Espinoza Browne is committed to protecting your legal rights. We have been very successful in protecting our client’s rights regarding domestic violence issues. Domestic violence issues can have elements related to a Family Law case, as well as a Criminal Law matter. If you feel you are in danger and need Domestic Violence Restraining Order contact the police immediately and then contact the Law Offices of Stella Espinoza Browne for immediate assistance. If have had a Domestic Violence Restraining Order issued against you, please call the Law Offices of Stella Espinoza Browne for immediate assistance.
What Is Domestic Violence? In California, domestic violence can include a wide range of abuse. In fact, any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws. Domestic violence can consist of actual physical violence, threatened violence and abuse which occurs in the following relationships: ¨ Married Couples (known as “Spousal Abuse) ¨ Cohabitating Couples ¨ Persons who have a child or children together ¨ Persons currently in a dating relationship or who used to date ¨ Persons who were formerly married to each other ¨ Blood relative
“Domestic Violence Prevention” Restraining Orders Emergency Temporary Restraining Orders Because due process requires reasonable notice and opportunity to be heard, ex-parte orders are issued with caution and only under extraordinary circumstances. However, in California, a court may issue temporary protective or “domestic violence prevention” orders with or without notice, to prevent a recurrence of domestic violence pursuance to the court’s satisfaction that “reasonable proof of a past act or acts of abuse” has occurred. When making Emergency Temporary “Domestic Violence Prevention” Orders, the court may include any or all of the following: ¨ Temporary Child Custody Orders ¨ Temporary Child Visitation Orders ¨ Child Abduction Prevention Orders ¨ Protective Orders Where Child Sexual Abuse is Alleged ¨ Orders Enjoining/Prohibiting Assaultive Conduct and Property Destruction ¨ Orders excluding a party from the family residence (“Kick-out” orders) ¨ Firearms Restraining Order ¨ Wiretap Order ¨ Restitution Orders ¨ Batterer’s Program ¨ Harassment/Stalking Orders
Domestic Violence Restraining Order Proceess Ex-Parte Hearing: California state law requires advance notice of the intent to present an ex-parte application. Depending on the circumstances, notice may be made telephonically before 10:00 a.m. the day prior or, in other circumstances, at least four hours prior to the hearing. Ex-Parte Orders: Based upon the ex parte application, the court will either issue or deny the requested order at the time of the ex parte hearing. Service of Ex-Parte Order: If the court issues the requested order it will take effect only upon proper service on the party to whom the order is directed. Filing and Service of Responsive Declaration: The restrained party will have an opportunity to respond in writing to protected person’s moving papers. The responsive declaration must generally be served on the protected person and filed with the court at least two days before the Order to Show Cause Hearing. Order to Show Cause Hearing: At the hearing, the court may take testimony of the parties or the court may make its decision solely on the basis of the papers filed by the parties. If the restrained person does not appear, the requested relief may be entered by default. If the protected person does not appear, the matter may be dismissed by the court. Findings and Order of the Court: At the Order to Show Cause hearing, the Court will either find that reaosonable grounds have been asserted to believe there is an immediate and present danger of domestic violence and a permanent protective order is necessary to prevent the occurrence or reoccurrence of domestic violence or will find that the protected party has not made a sufficient showing and may deny the issuance of a permanent restraining order. Service and Filing of the Order: The orders must be personally served to be effective. Generally, domestic violence prevention orders must be registered with the State Department of Justice through the California Law Enforcement Telecommunications System (CLETS). Duration of the Orders: Generally, “permanent” domestic violence restraining orders last three years or even up to five years.
Implications of Having A Restraining Order Issued Against You Domestic violence accusations are a very serious matter. Certainly, if domestic violence is occurring in the family, it is important the counseling is sought before the situation escalates any further. However, even if the domestic violence accusations are groundless, they should never be taken lightly. Allowing the Domestic Violence Restraining Order process run its course can have devastating effects that may not be able to be changed at a later time. Even though getting a restraining order can take as little as an accusation and a hearing, having a restraining order issued against you is a very serious matter. Domestic violence issues can result in the following: ¨ Easily become criminal matters ¨ Appear on a criminal background check ¨ A conviction of domestic violence or no-contact order can keep you from holding certain jobs ¨ A conviction of domestic violence or no-contact order can keep you from obtaining custody and visitation of your own children ¨ A conviction of domestic violence or no-contact order can trigger immigration issues and may prohibit you from obtaining U.S. citizenship ¨ An order prohibiting you from possessing or owning a firearm ¨ Orders to attend Batterer’s Prevention classes
Domestic Violence Impacts Children Children are often the most vulnerable members of a family unit. Children need to be loved and to feel secure. When one parent establishes a pattern of fear in a hostile environment through physical, verbal, emotional, psychological, or mental abuse, a child’s sense of safety, love, and security is shattered.
What Are Some Signs of Domestic Violence Sometimes behavior patterns may indicate domestic violence is occurring. Does the person you love... ¨ “Track” all of your time? ¨ Constantly accuse you of being unfaithful? ¨ Discourage your relationships with family and friends? ¨ Humiliate you in front of others? ¨ Destroy personal property or sentimental items? ¨ Hit, punch, slap, kick, or bite you or the children? ¨ Use, or threaten to use, a weapon against you? ¨ Prevent you from working or attending school?
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Disclaimer: The materials contained in this web site have been prepared by the Law Offices of Stella Espinoza Browne for informational purposes only. The information contained herein is general in nature and may not have application to your particular factual or legal circumstances. These materials do not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Visitors to this website should not act upon any information in this web site without seeking professional counsel. The contents of this website may be an "Advertisement" as defined by The Rules of Professional Conduct and California Business and Professions Code. All rights reserved. |
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