Oceanside Domestic Violence Lawyer

Although domestic violence is a crime, many victims feel powerless and without a voice. They do not know how to get to a safe environment, and some fear they cannot trust anyone to help them. The good news is that California law provides protection to domestic violence victims. A trusted, experienced lawyer is a huge benefit in helping you access a restraining order against your abuser. Reach out to Griffith Young today.

Our firm has helped domestic violence victims for years obtain domestic violence restraining orders (DVROs) to stop the abuse. This order will demand that your abuser avoid contact, turn over firearms, and possibly vacate the home. This order is backed up by the power of the state, including the police, who can arrest your abuser if they fail to adhere to the DVRO.

Call us today or reach out online for a confidential meeting. In addition to obtaining a restraining order, we can seek emergency orders for child custody, child support, and spousal support. You can rely on our firm to put your needs first and help keep your loved ones safe.

Anyone Can Be a Victim of Domestic Violence

Often, stereotypes around domestic violence keep victims from speaking out and obtaining necessary legal help. You might assume domestic violence victims are never married to their abuser or only abused by a spouse instead of by children. These myths keep many people silent because they fear they will not be believed.

These misconceptions are just that—false. Anyone can be a victim of domestic violence regardless of age, ethnicity, sexual orientation, gender identity, income, or education. Furthermore, abuse takes many forms under California law, and you can seek a DVRO for controlling or coercive behavior, even if you were never hit or battered.

Contact Griffith Young by phone or online. Our firm provides compassionate, non-judgmental legal representation to victims of domestic violence. There is no shame if you are victimized.

Abuse often starts small and might be invisible to people outside the home—hiding your birth control or credit card, belittling your appearance, false accusations of infidelity. But the abuse can escalate over time, and it is critical for victims to seek help from the justice system as soon as possible.

Domestic Violence Takes Many Forms

In California, you can seek a Domestic Violence Restraining Order for all types of abusive behavior, including:

Destruction of your personal property. Intentionally crashing your car or throwing your clothes away are examples.
Threats of violence. Calling up and threatening to harm you is abuse, even if your abuser never follows through.
Refusing to use protection during sex or flushing your birth control down the toilet.
Forcing you to have sex when you don’t want to.
Battering, slapping, punching, and kicking you.
Monitoring your cell phone or social media conversations.
Isolating you from friends and family by hanging up on friends or lying to your family so they don’t visit.
Withholding medication or food.
Threatening to harm someone close to you, such as a child or a pet.

This is only a short sample of the type of coercive or abusive behaviors that demand action. Abuse is never acceptable.

You can seek a DVRO if your abuser is someone you have dated or been intimately involved with, such as a spouse or domestic partner. You can also seek this order against a relative, such as a parent, sibling, child, grandparent, or in-laws. Call our office if you have questions. If you don’t qualify for a DVRO, you might qualify for a different restraining order.

How to Protect Yourself

Many shelters and social workers recommend that victims come up with a plan for escape. This might include locating a trusted friend or colleague who can shelter you for a while without telling your abuser. Some victims save up money and necessary documents, like birth certificates, to help them find a more permanent place to stay after they flee.

Other victims simply make a snap judgment to leave during or immediately after a violent episode. There is no one way to “escape.” Nonetheless, our Oceanside domestic violence lawyer recommends that any abuse victim do the following:

Document the abuse. Documentation might include calling the police, photographing your bruises, going to the hospital for treatment, or writing down the names of witnesses who have seen controlling, violent, or coercive behavior.
Locate important documents. If you choose to leave the house, then you want to take critical documents for you and your children, including birth certificates, Social Security cards, passports, and banking information.
Contact an Oceanside domestic violence lawyer. Our firm can help you get a DVRO and request additional protection, such as spousal support or child custody.

Leaving is often terrifying. Hiring an Oceanside domestic violence lawyer can ease the process of seeking safety and obtaining a court order.

Temporary Domestic Violence Restraining Orders

An abuse victim can obtain a temporary DVRO without any hearing by filling out forms and submitting a supporting affidavit. This is called an “ex parte” order, meaning a judge can grant one without any hearing. A temporary restraining order, if issued, is immediately valid, and a copy is served on your abuser.

A temporary DVRO will likely impose the following conditions on your abuser:

No contact.
Staying a certain minimum distance away from you.
No threatening or harassing you or your family.
Turn over possession of guns or ammunition to the police.
Vacate a shared home.

This order is only temporary—good until a hearing on a permanent restraining order. We can help you obtain one at any time. Just reach out to Griffith Young to speak with an experienced Oceanside domestic violence lawyer. Your safety is our top priority, and we make ourselves available for same-day appointments. We can also seek child custody, child support, and even spousal support as part of the order.

Emergency Restraining Orders

A police officer who responds to a domestic violence call can obtain an emergency order for you under California Family Code § 6250 if you are in immediate danger. This order goes into effect immediately, but it only lasts 5 business days or 7 calendar days, so you should call Griffith Young for help getting a temporary DVRO.

Permanent Domestic Violence Restraining Orders in Oceanside

Before a judge orders a permanent DVRO, your abuser has a chance to present evidence at a hearing. Typically, they call witnesses and present other evidence to prove the permanent order is not necessary.

We help victims present their own side of the story. We can introduce medical records and have witnesses testify on your behalf. Often, the abuser tells a self-serving story where they are the victim and you are the one responsible for their controlling behavior or violence. Let us strategize on how to counter this story and tell the truth.

If granted, a permanent DVRO can last up to five years. Should the abuser violate the order, they can end up in jail.

How Domestic Violence Impacts Divorce & Custody

Domestic violence will certainly matter if you seek custody or divorce. A judge will consider domestic violence in the following situations:

Custody. Judges base custody decisions on the “best interest of the child” standard, and the California legislature has instructed judges to consider evidence of domestic violence.
Spousal support. Judges also consider domestic violence when it comes to determining whether to award spousal support and how much. An abuser might be banned from receiving spousal support.

Of course, you can seek a DVRO even if you are not yet ready to file for divorce. We want our clients to understand all their options.

Domestic Violence FAQs in Oceanside

My partner is monitoring my calls—how can I reach you?

If you are reading this, click the Contact Us button. Anything you share is confidential. You can also stop by the office if you are nearby.

Do I have to file for divorce at the same time as requesting my restraining order?

You can if you want. You are not obligated to divorce if you want a domestic violence restraining order. Some clients need time to gather their thoughts and decide if they really want to end the marriage. A DVRO gives you some breathing room to think clearly. Our goal is to keep you safe and help answer your questions.

Can you help me get a restraining order?

Yes. You can be sure we will maintain your confidentiality. We can fill out the paperwork and seek a temporary DVRO.

How long will my restraining order last?

An emergency order lasts 5 business days or 7 calendar days. Your temporary DVRO will only last until the hearing for a permanent order, which should happen within 21 days. We can move quickly to protect you.

Is domestic violence a crime?

Yes. Irrespective of whether you get a DVRO, domestic violence is criminal in the state of California. For example, a person can face domestic battery charges when there is no visible injury. This is a misdemeanor offense. If the victim suffers physical injury, then the offense could be either a misdemeanor or a felony.

Speak Privately with an Oceanside Domestic Violence Lawyer

Griffith Young is incredibly proud of helping domestic violence victims finally get free of abuse. We use our legal knowledge to obtain temporary and permanent restraining orders, as well as emergency orders regarding custody and support. To learn more, contact us by phone at 858-345-1720 or online.