Domestic Violence / Restraining Orders

Our San Jose family law attorneys know that if you have been a victim of domestic violence and abused, or if you have been falsely accused of domestic violence, you are stressed, scared, and unsure how to get on with your life.  You are likely concerned for your own well being and that of your children. We can help you.

Restraining Orders

06_depositphotos_21972089_originalDomestic violence occurs in all walks of life and within all types of families.  It is a serious crime and causes injury, trauma, and at times even death.  Abuse can be physical, verbal, emotional, and financial. Victims of domestic violence can be female or male, children as well as adults. “Restraining Orders” are legal orders made by the courts where the abuser is ordered to stay away from the victim, as well as other measures of protection; away from home or work at all times; no harassing calls or any other type of contact, and if the order is violated the law enforcement can be called to make an arrest pending an investigation based on violation of the existing “Restraining Orders”

Types of Domestic Violence Restraining Orders

  • Emergency Protective Order – typically ordered by a police officer responding to a domestic violence call; The Emergency Protective Order is effective usually for a couple of days; depending on jurisdiction this can be less or more–this is not meant to be an exact number here, but to give you an idea. Suspect can post bail to be released ususally, but typically the abuser cannot make contact with the victim pending a court hearing.
  • Temporary Restraining Order (TRO)– issued by the court to protect the victim before the full hearing. This may also be called an “ex parte” protective order because “ex parte” means “for one side”–the victim provides enough evidence to the court, with or without notice to the other party, usually for personal safety concerns, and if evidence is accepted by the court, a TRO is issued for a short duration of time against the accused. At a hearing, both sides are heard from, and evidence is presented, so the court can decide whether orders must be made for a longer duration; usually one to three years, and subject to review by the court, and re-issue at request of the victim upon expiration.
  • Restraining Order after the Hearing – restraining order issued by the court after a full hearing, as noted above, are typically for up to one to three years, but can be extended or made permanent.
  • “Kick Out” (Exclusive Possession) Order – this restraining order forbids the abuser from entering the home, pending a full hearing on the matter. Exclusive usage and occupancy does not mean financial responsibility is relegated. It has to be also determined by the court who will pay for what expenses; or who will pay support (whether Spousal Support or Child Support) as a separate issue.

How we can help

  • If you have been abused, we can help you show the court why a restraining order should be issued.
  • If children are involved and abuse has occurred in the family, we can help you have your children be seen only in supervised visits (as an example what solutions are available to the court).
  • If you are reliant upon the abuser for financial support, we can help you get a temporary spousal support orders  depending on circumstances and each party’s level of income. These orders can become permanent upon further hearing or by agreement.
  • If the abuser is also the parent of your child, we can help you to get child support when certain guidelines are met.
  • If you have been falsely accused of domestic violence, we can represent your interests. We see enough of these cases to know how facts can be twisted to falsely accuse one side. But, the truth usually comes out from the evidence and upon investigation.
  • Enforce all family law court orders; without enforcement, practical effects of an order are not enjoyed. We can help you with finding out how the orders can be enforced, or if a party is in violation of an existing order, “Contempt” can be used to force their compliance.

Our San Jose family lawyers are committed to helping you protect yourself and your children, pursuing your best interests, and helping you to achieve peace of mind.

The Santa Clara Law Group family law attorneys are “on your side!”

Get your questions answered, your case evaluated, and let us show you how we can help you with your legal needs.

Choose the Santa Clara Law Group today.

We look forward to your no cost, no obligation call:  408-453-3500.

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