Domestic Violence and Restraining Orders
Domestic Violence in California
Having a domestic violence restraining order against you can result in the loss of your home, loss of your children, loss of income, and loss of your overall liberty. Do not take this lightly if you are served with one. Contact one of our experienced and aggressive domestic violence attorneys to discuss your options in defending against a charge of domestic violence.
Strictest Domestic Violence Laws in the US
California’s domestic violence restraining order laws are some of the strictest in the nation. The consequences of having a domestic violence restraining order issued against you are staggering and can result in you being forced out of your home with no notice, being denied any access to your children and being forced to pay maximum child support and/or spousal support. All too often, the state issues domestic violence restraining orders based on the evidence of one party, who goes to Court on an ex parte basis, without any notice to the other party, and does so to get a strategic advantage in the case, particularly where there are children involved. If you are served with a temporary domestic violence restraining order and notice of hearing, you should take all possible steps to aggressively defend yourself against such accusations.
Don't Fool Around, Consequences Are Serious
If you’ve been served with a domestic violence restraining order, the first thing you need to do is realize that this order requires that you behave in whatever way the order states. That means doing what the order requires, or not do what the order forbids. For example, the order may require that you stay away from certain person or people. It may order you to leave your home and not return. If you don't do what the order says will most likely land you in jail with a criminal conviction.
"You need an experienced and aggressive attorney to defend against domestic violence charges in California."DV Charges are one of those things that demand a swift and aggressive defense. That means hiring an experienced and aggressive domestic violence attorney immediately! If not handled properly, the courts can make these orders permanent, with very serious consequences for you:
- Domestic Violence Database - You'll be added to a database that government agencies, and at times even the general public can access.
- Difficulty Finding A Job - You'll be ineligible for many jobs including those working with children and in the school system. Concerned about workplace violence, most private employers do background checks. With a domestic violence restraining order on your record they may refuse to interview, let alone hire you.
- Criminal Charges and Jail - Break the order, even by accident and you'll find yourself facing arrest, criminal charges in court and quite possibly jail. Orders often require that you stay a certain distance from someone's home. If you drive through that restricted area, even by accident, that's a violation. Get caught doing so and you're in huge trouble.
- Lose Custody and Visitation - The courts assume, when there's an active DV related restraining order, that it's not in the child's best interest to make any changes to custody or visitation orders. You may even lose custody, visitation and perhaps even the ability to see your kids. The state doesn't mess around when it comes to these charges.
- Extended or Permanent Orders - Restraining orders can last up to five years. However, the person who got the order against you can ask to extend the order another five years, before the last order expires. They do NOT need any additional proof of domestic violence. There are no limits to the number of times they extend that order, so you may find yourself restricted forever, with the same huge impact on your life.
- Please Contact Us today to schedule a consultation to discuss the domestic violence issues in your case.