Domestic Violence

What is domestic violence?

Domestic violence occurs when a person in a domestic relationship abuses another person that is part of the domestic relationship. It can be a spouse, someone the person lives/has a romantic relationship with, a child, a relative to the 2nd degree, or someone the person may have child or children with. Abuse comes in various forms, such as verbal, physical/sexual, mental or written.

What should someone do if they’re victims of domestic violence?

First and foremost, get to a safe place, call the police, contact an experienced and skilled attorney, and if needed counseling may be a good idea.

What kind of evidence should a victim of violence keep?

The victim of domestic violence should keep anything that would show proof of the abuse; such as pictures, threatening letters, emails and texts. If there isn’t any physical/tangible proof; document the events.

What is a temporary restraining order?

Temporary restraining order is an emergency order from the court that prevents the abuser from being in contact with the victim until the noticed hearing(hearing for a permanent restraining order)/ which occurs typically within 25 days of the temporary hearing.

What are different types of restraining orders?

Temporary Restraining Order

Temporary order is the first petition filed with the court/ Ex parte circumstances which requires an immediate hearing ( typically in court within 48 business days. It is possible for the judge to hear the case the same day if the petition is filed early enough. The Temporary order is for a limited period of time and expires on the date and time of the next hearing date which is the hearing for a Permanent Restraining Order

Permanent Restraining Order

Permanent Restraining Order typically occurs within 25 days after the Emergency (Temporary Hearing). At this hearing the court will hear evidence to determine if the restraining order should continue for a longer period of time. At this hearing the court has the discretion to issue a restraining order that can last up to five years.

What can or cannot restraining orders do?

Restraining order can restrain conduct; order a person to stay a specified distance from victim; order move-out of shared residence; order stay away or possession of shared pets; order child custody and visitation, order property control and property restraint; order payment of a debt while the restraining order is in place; order payment of attorney fees; order that the abuser turn over all firearms/guns; can also order payment of Alimonyor other orders requested in the domestic violence request.
A restraining order does not restrain the victim; therefore it is very important that the victim that is granted a restraining order refrain from voluntarily being in the presence of the abuser.

How does your firm help victims of domestic violence? Why choose your firm?

At Lindsey Law victims of Domestic Violence are given the individual time and attention needed to assure that their need for a restraining order is vigorously presented to the court. I am experienced and skilled at advocating for my clients. I am dedicated to listening with compassion and my staff is equally committed. On another note, I am experienced at representing clients wrongfully accused of Domestic Violence. If wrongfully accused you need an attorney that has knowledge of the Family Code and Domestic Violence Prevent Act to advocate for you. I’ve represented many clients and have detailed knowledge of the California Family Code and Domestic Violence Prevention Act.

Contact the Lindsey Law Office today for assistance with your Domestic Violence / Restraining Orders case at (909) 801-7388.