San Diego Domestic Violence Attorneys

Victims of domestic violence deserve to be safe. The domestic violence lawyers at Griffith Young take pride in helping abuse victims seek legal protection, and we can seek a domestic violence restraining order (DVRO) on your behalf. Call us if you have questions.

In a private consultation, we can discuss your options, whether you are seeking a divorce or simply want to restrain your abuser. Our law office has decades of experience in family law, with Certified Family Law Specialists on staff who can help domestic violence victims get the protection they need. Contact us today, and we can take the steps necessary to keep you safe.

What Is Considered Domestic Violence in California?

Domestic violence refers to a wide range of abusive behaviors, not just hitting. Physical abuse is the most recognized form, but domestic abuse also includes emotional abuse, verbal abuse, financial abuse, and sexual abuse. It can happen between intimate partners, family members, or people sharing a home. Even a domestic partner in a registered or informal relationship is protected under California law.

Intimate partner violence covers any pattern where one person uses control, fear, or force against another in a close relationship. A single domestic violence incident can be enough to justify a restraining order. Other forms include sexual acts committed without consent, child abuse, child endangerment, and elder abuse. If you are unsure whether what you experienced is considered domestic violence, speak with one of our San Diego domestic violence attorneys to find out.

A domestic violence incident does not need to leave a visible physical injury to be taken seriously by the court. Bodily injury is one factor, but fear of physical harm is also enough. Whether the act left a mark or not, documenting every incident is important. Our San Diego domestic violence attorneys can help you build a strong record for court.

How a Restraining Order Offers Protection

A restraining order is a judicial order served on someone who has committed or threatened to commit domestic violence. California law understands the grave harm abuse imposes on people, especially violence within a household. To keep violence from escalating and to provide peace of mind to victims, a judge will award a restraining order where appropriate.

Compliance with the order is mandatory. An abuser cannot simply ignore the order or choose which parts to follow. If found in violation of the order, an abuser can be arrested by the police and face criminal charges. This is a serious form of protection for those victims of domestic violence.

When to Seek a Restraining Order

Either men or women can seek a DVRO against an abuser. Domestic violence is any violence between you and someone you have had a romantic relationship with, such as a current or former spouse, boyfriend/girlfriend, or co-parent. You can also seek a DVRO against someone you have lived with or someone related by blood or through marriage.

Many types of violence warrant a restraining order:

• Causing or attempting to cause physical injury;
• Striking or battering you;
• Making you fear immediate, serious physical injury;
• Sexual assault;
• Stalking;
• Threats or harassment, whether in person or through other methods (like electronic communication);
• Destroying your personal property;
• Controlling or coercive behavior.

If the harassment does not fit neatly into one of these categories, you still might receive a different restraining order. Call Griffith Young today to get expert advice in a confidential meeting.

Coercive Control & Domestic Violence

In the classic domestic violence scenario, one spouse physically assaults another. But you can still request a DVRO even if you have not faced physical violence. Griffith Young can help you seek a DVRO if your abuser has exercised coercive control, which involves unreasonably limiting your liberty. Domestic violence refers to a pattern of behavior used to maintain power and control over a person in an intimate relationship. It is not limited to hits or bruises.

Some examples include:

• Depriving you of necessities like food, medicine, clothing, or hygiene products;
• Aggressive monitoring of your movements, phone communications, or finances;
• Isolating you from family and friends;
• Using force or threats to control your reproduction, such as interfering with your use of birth control or access to health information;
• Making threats related to immigration status, such as threatening to call ICE.

This type of interference with a person’s liberty is unacceptable, and our San Diego domestic violence lawyers can step in and seek appropriate protection.

What Does a Restraining Order Prohibit?

A domestic violence restraining order can mandate the following:

• No contact with the victim or family;
• Keeping a minimum distance away;
• No threats, harassment, or stalking;
• Leaving a shared residence;
• Turning over firearms or ammunition to the police.

As part of a restraining order, we can seek spousal support and child support, as well as a custody order.

Temporary Versus Permanent Restraining Orders

A judge can award temporary protection immediately, without any need for a hearing. Before you can obtain a longer-lasting order, however, your abuser has a chance to respond. A judge will order a hearing, and your abuser can present evidence.

To receive a permanent restraining order, a victim needs to convince a judge that one is necessary at the hearing. Our firm knows what evidence is persuasive and how most defendants excuse or justify their behavior. We are committed to seeking the maximum protection for our clients. Having sufficient evidence, such as records of phone calls, text messages, medical records, or witness statements, can make all the difference in getting the protection you need.

Domestic Violence is a Crime

Regardless of whether a victim seeks a restraining order, domestic violence is also a crime. Under Section 243(e)(1) of the California Penal Code, a person commits domestic battery if they use force or violence against a cohabitant, co-parent, spouse, or dating partner. This is a misdemeanor offense and can send a defendant to county jail for up to a year, along with probation and a fine.

Section 273.5 of the California Penal Code is an even more serious offense. A person commits domestic violence when they inflict corporal injury to a spouse or cohabitant. This is a “wobbler” offense, which means a defendant can face misdemeanor or felony charges.

If charged as a misdemeanor, a defendant faces a maximum of one year in county jail and a $6,000 fine. If a felony, then the defendant can face 2, 3, or 4 years, along with a maximum $6,000 fine. Facing domestic violence charges of any kind is serious. Jail time is a real possibility, and a conviction can affect child custody, employment, and housing. A defense attorney can review the circumstances surrounding the alleged incident and protect your legal rights.

Many victims receive a restraining order after an abuser is picked up for domestic violence. However, we can seek one even if there is no criminal case. Contact Griffith Young to learn more about how we can help you.

We Can Seek a Restraining Order to Protect You

The San Diego domestic violence lawyers at Griffith Young can immediately step in and help anyone who is facing abuse or who fears domestic violence. Our firm understands the steps necessary to secure a restraining order, and we can represent you at the hearing to ensure a temporary order is made permanent. With decades of combined experience handling family law matters in North County, San Diego, you can be confident in our firm to handle your case.

We are here for all victims, regardless of their age, race, religion, economic status, nationality, gender, gender expression, or sexual orientation. Domestic violence can arise in any relationship, and victims deserve protection. If you need immediate assistance, call to schedule a same-day appointment. Our firm follows the highest ethical standards, and we can meet in a safe location at a time that is convenient for you.

Whether you are also seeking divorce or simply want to be safe, we can help.

Types of Domestic Violence Restraining Orders

Various DVROs are available to victims. The most important are:

• Emergency restraining order. A police officer can seek an emergency DVRO if the officer argues the victim is in immediate danger of domestic violence. This is an “ex parte” order, which means no hearing is necessary.
• Temporary restraining order. Any man or woman can seek a temporary order, which lasts only until a hearing on whether to award a permanent restraining order. The level of evidence is fairly low to get a temporary DVRO. Usually, a victim only needs to allege they have suffered domestic violence at the hands of the abuser, and it is likely to happen again without a DVRO.
• Permanent restraining order. Before a court can award a permanent DVRO, the abuser has a right to present their version of events at a hearing. The victim has the burden of proving the abuse, which we can do with photographs, witness testimony, police testimony, and other evidence. The defendant can also present their case. A permanent restraining order may last a year or longer, depending on the facts.

Leaving a Violent Marriage

A DVRO is a critical tool to stop abuse. Many of our clients need time to think through their next steps. Other clients immediately want to initiate divorce proceedings. At Griffith Young, we believe in supporting abuse victims and helping them think through their options:

• Include custody, child support, and spousal support in your DVRO. A judge can make provisions for custody and support as part of the restraining order. Further, a judge can order your abuser to vacate the premises.
• Divorce. We can also help someone seek a divorce. We know how to request a DVRO at the time we file a divorce petition.

You are not required to start divorce proceedings to obtain a DVRO. However, we can help you think through whether this is the ideal option. A DVRO might expire at some point.

Impact of Domestic Violence on Child Custody & Divorce

Domestic violence is a critical factor judges consider when determining custody. However, the court will require independent corroboration in the form of police reports, medical records, or other evidence. This is one reason to seek a restraining order.

Domestic violence can also impact the award of spousal support. The legislature has listed documented domestic violence as a factor judges should consider. A restraining order after a hearing is a type of evidence that is relevant. You might receive spousal support, or avoid paying it, if you have proof of domestic violence.

FAQs about Domestic Violence in San Diego

What steps should I take if I am facing abuse?

First, go somewhere safe. This might be a shelter or a friend’s house. Second, you should receive medical treatment, which protects your health but also documents the abuse. If you were raped, ask for a rape kit. When your condition is stabilized, you can photograph or otherwise document the abuse. Photographs of wounds are very persuasive.

How long does a restraining order last?

A temporary order will last a few weeks or until the scheduled hearing. A permanent order will last longer. Despite the name, a “permanent” is not really permanent; it can last up to five years.

Can you help me get a restraining order?

Yes! Our firm is ready to meet at any time to get a temporary DVRO. We can also gather evidence in preparation for the hearing on whether to award a permanent order.

What is the difference between a criminal domestic violence case and a civil restraining order?

Domestic violence cases can move on two separate tracks at the same time. A domestic violence incident may result in criminal charges filed by the prosecutor, separate from any civil restraining order. The criminal side involves criminal law and domestic violence charges, such as domestic battery or corporal injury. The civil side involves a DVRO filed by the victim. You do not need a criminal case to get a restraining order. Both tracks can run at the same time, and one does not cancel out the other. A free consultation with our team can help clarify which steps make sense for your situation.

Can a former spouse get a domestic violence restraining order in California?

Yes. A former spouse has the same right to seek a domestic violence restraining order as a current one. Domestic violence cases involving a former spouse are taken seriously by courts in San Diego. If you were married to or lived with someone who abused you, that relationship qualifies under California’s domestic violence laws, even if the relationship has ended. A domestic partnership is also covered. Contact our San Diego domestic violence attorneys for a free initial consultation.

Speak With Our Domestic Violence Lawyer in San Diego

We are committed to protecting the safety and rights of domestic violence victims. Contact Griffith Young today by calling 858-345-1720. Your communications are confidential and will be treated with the utmost sensitivity.