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SAN DIEGO DOMESTIC VIOLENCE ATTORNEYS: EXPERT, COMPASSIONATE LEGAL COUNSEL

Facing a domestic violence situation can be overwhelming, terrifying, and isolating for an individual or family. If you’re in San Diego and find yourself in need of legal support, know that you’re not alone. Our board-certified domestic violence attorneys are here to listen, advocate for your rights, and carefully guide you through every single step of the legal process.

The team at The Law Offices of Beatrice L. Snider has been practicing family law and helping both men and women involved in domestic violence situations in the San Diego area for over 200 years combined. Our approach is focused on protecting you and helping you regain control of your life.

What Is Domestic Violence?

Domestic violence is a form of abuse that occurs within a household or intimate relationship. It can involve physical, emotional, psychological, sexual, or financial abuse. It is an intentional pattern of behavior used to control or intimidate a partner or family member. Examples of domestic violence include:

  • Physical Abuse:
    • Hitting, slapping, punching, kicking, or any other form of physical harm.
    • Restraining, choking, or using weapons to intimidate or injure.
  • Emotional and Psychological Abuse:
    • Verbal attacks, name-calling, or constant criticism meant to undermine self-worth.
    • Gaslighting, where the abuser manipulates the victim into questioning their reality or sanity.
    • Threatening harm to the victim, their loved ones, or pets.
  • Sexual Abuse:
    • Forcing or pressuring someone into sexual activities without their consent.
    • Engaging in sexual acts with someone who is unable to give consent due to drugs, alcohol, or a disability.
  • Financial Abuse:
    • Controlling access to money, bank accounts, or financial resources.
      Preventing the victim from working or sabotaging their employment.
    • Accumulating debt in the victim’s name without their knowledge or consent.
  • Social Isolation:
    • Restricting or monitoring communication with friends, family, or others outside the home.
    • Limiting access to transportation or means of leaving the home.
  • Digital Abuse:
    • Harassment or stalking via text, email, social media, or other digital platforms.
    • Monitoring or controlling the victim’s online activity, including tracking their location.
  • Stalking:
    • Following, monitoring, or harassing the victim in a way that causes fear or distress.
    • Showing up uninvited at the victim’s home, workplace, or other locations.

It is important to remember that domestic violence can happen to anyone, regardless of age, gender, race, or socio-economic status. If you or someone you know is experiencing domestic violence, it is important to seek help from a trusted friend, family member, or local organization.

Types of Domestic Violence Restraining Orders in California

A Domestic Violence Restraining Order (DVRO) is a court-issued order designed to protect individuals who have been victims of domestic violence or are at risk. The primary goal of a DVRO is to keep you safe by legally requiring the alleged abuser to avoid any contact with you and to stop harmful behaviors.

To qualify for a DVRO, the person seeking protection (the petitioner) must have a close relationship with the alleged abuser. This relationship might include being married, in a domestic partnership, dating, engaged, living together, or having a child together.

Here are the types of restraining orders available:

  • Emergency Protective Order (EPO): Issued by law enforcement at the scene of a domestic violence incident, an EPO provides immediate but short-term protection, usually lasting a few days, giving the victim time to seek a Temporary Restraining Order.
  • Temporary Restraining Order (TRO): Issued by the court, a TRO typically lasts for 15 days or until a court hearing for a Permanent Restraining Order. In urgent situations, such as those involving physical harm, you may be granted a TRO without notifying the alleged abuser. However, they will have a chance to present their side at the hearing.
  • Permanent Restraining Order (PRO): A PRO can provide protection for up to five years and can be renewed if necessary. During the hearing for a PRO, both sides can testify, present evidence, and call witnesses to support their case.

A DVRO can enforce several protective measures, such as requiring the alleged abuser to stay away from you, your home, your workplace, and other specified places. It can also prohibit any contact, whether through calls, emails, or other forms of communication.

In addition to ensuring your personal safety, a DVRO can address child custody and support issues, establishing visitation schedules and ordering child support if needed. The court may also require the alleged abuser to surrender any firearms and prevent them from purchasing or owning firearms while the DVRO is in effect.

Violations of any domestic violence restraining orders can result in criminal charges being brought against the offending party.

 

How Do I Get a Domestic Violence Restraining Order?

Getting a domestic violence restraining order involves the following steps:

  1. Contacting local law enforcement or a domestic violence shelter for help.
  2. Filing a petition at the local courthouse or through a lawyer.
  3. Attending a court hearing where the judge will hear both sides of the story.
  4. If granted, the restraining order will be served to the abuser and will prohibit them from having contact with you.
  5. It’s important to keep a copy of the order with you at all times and call the police if the order is violated.

Remember, a restraining order is a legal tool to protect yourself from harm and should not be taken lightly. Please get help if you need it.

How Our San Diego Domestic Violence Attorneys Can Help

If you believe you’re a victim of domestic violence, your safety is our top priority at The Law Offices of Beatrice L. Snider, APC. We will always focus on protecting your rights and well-being from the start. Our law firm has been helping those experiencing domestic violence in the San Diego area since 1974. We can support you by offering:

  • Legal Protection: We work swiftly to secure emergency restraining orders, ensuring you have immediate protection from your abuser. Our team handles all the paperwork and legal steps so you can focus on staying safe.
  • Guidance Through the Legal Process: Navigating the legal system can be overwhelming. We’ll guide you through every step, from understanding your rights to making informed decisions about your case. You’ll never have to face this alone.
  • Representation in Court: Whether it’s for a restraining order, child custody, or other related matters, our attorneys will represent you in court. We’ll advocate for your interests with compassion and determination, working to achieve the best possible outcome.
  • Customized Safety Planning: Your safety is our priority. We’ll help you create a personalized safety plan that addresses your unique situation, including safe housing, communication strategies, and ways to minimize risk during and after legal proceedings.
  • Support with Child Custody and Support: Domestic violence cases often involve complex issues with child custody and support. We’ll work to ensure your children’s safety and well-being are protected, helping you secure the best arrangements for their care.
  • Connection to Local Resources: We will collaborate with local shelters, counselors, and support organizations to provide you with comprehensive assistance. Our approach goes beyond legal support, ensuring you have access to the resources you need to rebuild your life.
  • Ongoing Legal Support: Even after the initial legal actions, we’re here for you. Whether you need help modifying an order or navigating post-divorce issues, our team will continue to provide the legal guidance and support you need to move forward.

The Law Offices of Beatrice L. Snider, APC is experienced in obtaining and defending against domestic violence restraining orders. Call (888) 860-8544 or fill out a contact form to discuss your case with our San Diego divorce and family law attorneys.

Domestic Violence FAQ

When is a Relationship Considered Domestic?

A relationship is considered domestic when it involves people who live together in the same household, such as partners, spouses, family members, or roommates. This type of relationship can involve intimate or romantic connections, as well as more casual or platonic relationships.

Domestic relationships may involve emotional, physical, and financial support and can involve various levels of commitment and intimacy.

Domestic relationships may also involve incidents of abuse, neglect, or control, which is why they are considered important and regulated by law.

In essence, domestic relationships are those that involve a close, interdependent, and intimate connection between people who live together.

Who Can Request a Domestic Violence Restraining Order?

A domestic violence restraining order can be requested by anyone who is experiencing or has experienced domestic violence, including physical, emotional, psychological, or sexual abuse, from a current or former intimate partner, family member, or someone they have a close relationship with. The person seeking the restraining order is known as the “protected person.” It is important to note that anyone can request a restraining order, regardless of their age, gender, sexual orientation, or immigration status. Additionally, a representative such as an attorney or a parent can also request a restraining order on behalf of the protected person.

What is California Penal Code 422?

California Penal Code 422 is a law that makes it illegal to threaten someone with violence or harm. This law applies to all types of threats, whether made in person, over the phone, or through social media. If someone threatens to harm you or your property, they could face serious consequences, including time in jail or fines. It’s important to remember that even if they didn’t actually follow through on their threat, they can still be charged under Penal Code 422. So, if you feel threatened by someone, it’s important to take it seriously and report it to the police.

What Can a Domestic Violence Restraining Order Include?

A domestic violence restraining order is a court order that prohibits a person from engaging in abusive or threatening behavior towards someone they have a close relationship with. It can include restrictions on contacting the victim, visiting their home or workplace, and possessing firearms. The order may also provide temporary custody of children and require the abuser to attend a domestic violence program. The purpose of a restraining order is to protect the victim and ensure their safety. It is important to remember that breaking a restraining order is a crime and can result in arrest and jail time.

Should I Care if Someone Obtains a Domestic Violence Restraining Order Against Me?

Yes, you should care if someone obtains a domestic violence restraining order against you. A restraining order is a legal document that prohibits you from contacting, harassing, or threatening the person who obtained the order. If you violate the order, you could face serious legal consequences, such as arrest and imprisonment. Additionally, a restraining order can have a negative impact on your reputation and future opportunities. It may also affect your rights, such as your ability to see your children or own firearms. It is important to take the allegations seriously and work with a lawyer to address the situation and protect your rights.

What Should I Do If I Am Served With a Temporary Restraining Order and/or Request for a Domestic Violence Restraining Order?

If you are served with a temporary restraining order or a request for a domestic violence restraining order, it is important to take the matter seriously. The first step is to read the order carefully and make sure you understand the terms. You should comply with the order and avoid any contact with the person who requested the order. You should also seek legal advice from a lawyer who specializes in domestic violence cases. If there is a hearing scheduled, make sure to attend it and have your lawyer represent you. Remember, violating a restraining order can result in serious legal consequences.

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