Encinitas Domestic Violence Lawyer

There is no excuse for domestic violence. Too many Californians are terrorized and injured by people in their homes, including romantic partners and spouses. Fortunately, California law allows anyone being abused to seek a domestic violence restraining order against a family member or romantic partner. Call our firm today if you fear abuse or are picking up the pieces after an attack. Our family law and domestic violence firm can immediately seek a temporary restraining order to protect you.

Many victims of domestic violence fear reprisal if their partner or family member finds out about their plans. We offer private consultations with an Encinitas domestic violence lawyer in a safe setting. We will never share your private information or concerns.

What is a Restraining Order?

A judge issues a restraining order to demand a person stop doing something. In the domestic violence context, a judge can issue an order compelling an abuser to:

• Avoid contact with the victim (no contact order)
• Stay a certain distance away from a victim;
• Avoid making threats or stalking;
• Vacate a shared residence;
• Turn over possession of any firearms to the police.

These are valid orders which empower the police to arrest the abuser for violating any condition. Criminal charges and even contempt of court are possible results.

California makes many types of restraining orders available. You can seek a Domestic Violence Restraining Order (DVRO) against:

• Your spouse
• Your boyfriend or girlfriend
• Someone you had a child with
• Someone you have lived with
• A relation by blood or marriage

What is Domestic Violence?

Domestic violence isn’t always physical abuse or threats. It includes a wider variety of violence and abuse including emotional abuse, sexual abuse, verbal abuse, and mental abuse. We help our clients seek a DVRO against an abuser who causes violence, abuse or threats of violence or abuse, which can include:

• Battering or striking you;
• Causing or trying to cause bodily injury;
• Sexual assault, such as rape;
• Stalking
• Causing you to fear immediate bodily harm;
• Destroying your property;
• Exercising controlling behavior.

The law is expansive, and you can seek a DVRO for all sorts of conduct which falls short of rape or physical assault. For example, you can also request a DVRO if your abuser tries to limit your freedom in an unreasonable manner:

• Hiding your medicine or birth control;
• Denying you food or other necessities;
• Monitoring your movements or phone communications;
• Interfering with your use of birth control;
• Isolating you from friends and family;
• Threatening to call the police and report you as an immigrant.

Unsure if you qualify for a DVRO? Call our Encinitas domestic violence attorneys today. Our law firm has substantial experience gathering evidence to prove domestic violence.

How Long Will Your Restraining Order Last? (Temporary v. Permanent Orders)

The duration of the DVRO will depend on the type you received:

• Temporary restraining order. A domestic violence victim can request a temporary order “ex parte,” meaning that no hearing is necessary. Instead, a judge grants a temporary restraining order on the strength of the victim’s affidavit. However, the temporary DVRO will only last until your abuser has a chance to respond to the allegations, which is usually a matter of a few weeks.
• Permanent restraining order. A judge can enter a permanent restraining order after a hearing where your abuser has a chance to present their version of events. A permanent restraining order can last up to five years.

Although a temporary DVRO lasts only a few weeks, it is fully valid while in effect. That means you can call the police if your abuser contacts you or violates the order in some other way.

Are You Being Abused? Here Are Your First Steps

Extricating yourself from an abusive situation might be hard. Some people are dependent on an abusive spouse or family member for financial support, or else they fear reprisal.

We recommend the following steps:

1. Get to safety. Protecting yourself and your children usually means getting away from your abuser. Drive to a shelter or a friend’s house—but expect an abuser to track you down if you stay with someone they know. Safety might involve calling the police during an abusive incident. The police can request an emergency restraining order for you.
2. Document the abuse. When your situation stabilizes, try to document the violence, including photographs of any bruises or lacerations. Go to the hospital for diagnosis of any soft-tissue injuries or fractures. Also write down the names of witnesses to any attack. They might not want to be involved now, but you could lean on them later to support your request for a permanent order.
3. Speak with an experienced attorney. Although you can go to the courthouse and request a restraining order by yourself, a lawyer provides many benefits. We can fill out forms for you and discuss whether you want or need emergency custody and child support.

These are critical first steps. Our firm can provide extra guidance to help you consider options.

The Importance of the Hearing

A judge will not grant a permanent DVRO until an abuser has an opportunity to tell their side of the story. The hearing is their chance to come in and either deny the violence or somehow justify it.

Griffith Young realizes the importance of the hearing. A judge does not have a thumb on the scale for either side but will objectively review the evidence. It’s up to the person requesting a permanent order—you—to show why one is necessary.

Often, an abuser claims self-defense—alleging they only struck you because you attacked first. In other situations, they minimize any stalking or controlling behavior, claiming you are hallucinating.

Evidence is critical. Although a judge might grant a temporary DVRO based solely on your testimony, you have a higher hurdle to clear in the hearing for a permanent DVRO. Let’s connect and discuss what evidence is useful.

Griffith Young Can Protect You

At Griffith Young, our Encinitas domestic violence lawyers understand the importance of accessing the justice system. We make ourselves available any time to talk with victims. You can schedule a same-day appointment and ask an experienced attorney for help obtaining a domestic violence restraining order. We can even come to you, if that is safer.

Domestic violence touches everyone in California, regardless of their economic status, nationality, gender, race, age, religion, or sexual orientation. We know that there is no excuse for violence and controlling behavior, and we offer compassionate, non-judgmental legal services.

Our firm also recognizes that everyone leaves a violent situation in their own way. Some people experience regular violence but are trying to come up with a plan for leaving, while other clients have called us from the road or a shelter. Our firm can swing into action to help get a DVRO.

Emergency Custody & Support Orders

Many of our clients have children with their abuser, so leaving is always complicated. However, you can seek custody and support orders along with your DVRO.

• Custody. We can ask a judge to grant you emergency custody, which means you can legally leave with your children.
• Child support. A judge can also grant you child support.
• Spousal support. We can even ask a judge for spousal support as part of your restraining order request.
• Move out order. A judge can order the abuser to leave the house.

These orders can help you get away from an abusive relationship and try to stabilize your situation. We can also seek a DVRO when applying for divorce—although you do not have to file for divorce to obtain a restraining order.

How Domestic Violence Impacts a Divorce in Encinitas

Domestic violence will certainly impact a divorce in California. Judges consider a history of domestic violence in all sorts of situations, including:

• Child custody. An abuser will not receive custody or visitation. Any visitation is probably supervised.
• Spousal support. Often, a spouse with lower earning power requests spousal support payments from a higher-earning spouse. Domestic violence is a factor judges should consider. For example, a judge might be more likely to deny support to an abuser.

Domestic Violence FAQs

Do I need a lawyer to request a DVRO?

No, you can go to the courthouse and speak to a clerk, who can help you fill out paperwork to request a DVRO. The sheriff will then serve a temporary order on your abuser. However, a lawyer is a big help, and the clerk can’t prepare your case for the hearing.

Can Griffith Young help with restraining orders?

Yes. We dedicate a significant portion of our practice to helping clients seek legal protection from abuse. We can also discuss emergency custody and support or whether you want to file for divorce.

Is domestic violence a crime?

Yes, several laws make domestic violence a crime. For example, Section 243(e)(1) of the California Penal Code criminalizes domestic battery against a co-parent, dating partner, or spouse. A first offense is a misdemeanor which can send the defendant to county jail for a year. However, you can still seek a DVRO regardless of whether the state prosecutes your abuser.

Speak with a Domestic Violence Lawyer in San Diego

California has begun to take domestic violence more seriously, and a restraining order is a good first step to protecting your future. Call Griffith Young today to speak with an attorney at our office.