Domestic Violence

Domestic Abuse DPVA Defined

Domestic violence--also called domestic abuse--is defined by the California Domestic Violence Prevention Act of 1994 ("DVPA") as violence against a spouse, cohabitant, fiancée, or other person with whom the abuser has a dating relationship or someone formerly in any of these relationships. The Act also covers abuse of a minor son or daughter.

The DVPA permits the Court to issue a restraining order preventing the alleged abuser from coming near the victim. A restraining order under the DVPA may also prevent harassment or communication with the victim. Furthermore, a restraining order under the DVPA can require the charged party to leave his or her home and forbid all contact with the children.

Restraining Orders & Temporary Restraining Orders

Domestic violence is very serious and quite pervasive. It is quite often a reason to why couples separate and divorce. If you are victim or threatened by acts of domestic violence you should seek the aide of law enforcement and any community resources that can help separate you from any potential danger. You should also seek the help from an attorney to help you quickly file the necessary forms to get a TRO (temporary restraining order) established. This may provide you with some sort of relief and protection from further harassment or remove you from a potentially dangerous situation.

Filing Domestic Violence Charges Are Sometimes Abused

However, domestic violence changes can sometimes be abused, especially in the family law litigation process. A scorned spouse can potentially create false statements to secure a restraining order against the other party for purposes of revenge or to exert an element of power and control. False statements securing a restraining order can literally overnight have someone kicked out of his or her own house and be blocked from seeing his or her children. Further, if the restraining order is violated he or she may be subjected to potential criminal violations which can include fines and jail time.

Penalties Can Be severe and Long-Lasting

Also, if the Court finds that, within the last five years, a party has committed an act of domestic violence, whether charged criminally or pursued civilly under the DVPA, there is a presumption that joint legal or physical custody to the charged party is NOT in the best interests of the children.

Finally, a finding of domestic violence may have adverse effects on the charged party's employment or, if that person is not a United States Citizen, on their immigration status in this county.

If Served With A Temporary Restraining Order, Act Fast!

If a party is served with a temporary restraining order, it is paramount that he or she immediately seeks the advice of a qualified family law attorney. Approximately one month after being served with a TRO, the served party will have to appear before a judge to determine if the TRO should be turned into a permanent restraining order. In some cases, a permanent restraining order can be up to 5 years long. Hence, it is very important to have an experienced lawyer who has a thorough understanding of the DVPA.

Choose a Reputable Lawyer With Experience in Domestic Violence Matters

Jonathan Chance, at JC Law Offices, knows how important these issues can be. He is a qualified Family Law Attorney who also practices criminal law. He has experience in developing unique and winning strategies working with the most challenging family law. Attorney Chance has represented clients in matters of divorce and family law from all over the bay area. His office is centrally located in San Mateo, California. You may call, email, or FAX him by visiting his contact us page.