Sacramento Domestic Violence Restraining Orders
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About Our Domestic Violence Restraining Order Services
Whether you are the accuser or the accused, domestic violence cases can be complicated to navigate. At Flores Legal PC, we will work with you to determine the best possible course of action for each specific situation, ensuring that you have the help of a professional attorney no matter what's going on. When it comes to domestic violence and restraining orders, there are a lot of moving parts — and that's why it is absolutely necessary to seek help from a local attorney who is experienced in dealing with such matters.
Reasons to get a restraining order:
Afraid for your physical safety
Experiencing psychological abuse
Are or have experienced physical abuse
Someone is stealing your assets
Someone is infringing upon your trademark or patent
You are afraid for other reasons
Responding to Domestic Violence with a Restraining Order
Domestic violence a pattern of abusive behavior used by one partner to gain or maintain power and control over another intimate partner. This abuse can be physical, sexual, emotional, economic, or psychological actions that occur in the home, usually between family members, spouses, or partners. Legal representation in these circumstances is crucial. However, if you are in an emergency, the first thing to do is call the police. Your safety is the top priority. When the police arrive and remove immediate danger, you can request an emergency restraining order from the officer on-scene.
If the other party violates the order, you can call the police and arrest him/her. An emergency order may be issued at any time and will usually remain in effect for several days. You should seek legal advice from Flores Legal PC to obtain a restraining order during this period. A restraining order can:
Prevent the other party from contacting or coming near you and your family
Keep the other party from coming to your home, work, or children’s schools
Order the other party to follow child custody and visitation orders
Order the other party to stay away from your pets
Order the other party not to incur large expenses or do anything significant to affect your community property (if you are married to the abuser)
Limit that person in other ways
What Do Courts Consider Domestic Violence?
There is a common consensus that causing physical harm counts as domestic violence. However, the line is not always as clear when it comes to sexual abuse and defining consent, especially between a married couple.
These differences of opinion are reflected all across the country as lawmakers grapple with defining consent and domestic violence within state lines. In the state of California, courts consider the following instances to be abuse:
Sexually assaulting an individual
Threatening harm and causing someone to fear for their or someone else’s safety
Destroying personal property
Causing physical harm to someone, whether recklessly or intentionally
Stalking, threatening, or harassing someone
The type of abuse may also decide the type of restraining order the court brings into effect. The main types are temporary restraining order, emergency protection order, permanent restraining order, and criminal protective orders.
Temporary vs. Permanent Restraining Orders
Depending on your circumstances, the court will order either a temporary or a permanent restraining order without prior notice to the other party. As a Sacramento domestic violence attorney experienced in domestic violence cases, Flores Legal can help you get a longer-term restraining order.
A temporary restraining order will last from 20 to 25 days. After that, a hearing will decide whether the court will grant a permanent restraining order. We will prepare you for what to expect from your case and will represent you in court. If the judge rules in your favor, they will issue a permanent restraining order.
It is important to note that even permanent restraining orders may be limited in duration (typically three years). At the end of that period, our office can help you request a new order to extend your protection.
How a Restraining Order Protects Victims
California upholds not just its own restraining orders but also those issued by another state. You have the right to register an out-of-state order, but you are not obligated to do so. Even if you choose not to, valid restraining orders are still enforceable. Most people who have domestic violence restraining orders use them to end communication and create physical distance.
Restraining orders may also include some specific conditions. For instance, the court could order the restrained person to pay alimony, child support, return personal property, pay bills, or transfer certain types of accounts. Some orders may even prevent the restrained person from making changes to their life insurance policies.
Responding to a Restraining Order and Allegations of Domestic Violence
In the context of family law — particularly child custody disputes — it is all too common for one party to take out a restraining order against the other as a way of gaining an advantage.
If the people accusing the abuser are telling the truth, many people are likely to see any effects that benefit victims as justice. There is some truth to this, but what if the allegations are exaggerated or false? How far is far enough, and how far is too far? What if the couple has a child together and the restrained person poses no threat to the child?
As a restrained person, you might become temporarily homeless after complying with court orders to leave your home. If you worked in the same building or area as the person accusing you, you might have to give up your job to comply with the order and avoid complications.
You might also lose certain legal rights in the process. For instance, if you are an immigrant, it could affect your ability to remain in the United States. While a domestic violence restraining order may not lead to parental rights termination, it does create difficulties with maintaining a parental relationship with your children.
Gun ownership rights also get taken away in most instances while the order is in effect. You might find it impossible to purchase a weapon or store one legally. If you already own a weapon, you could get asked to turn it in. If your line of work requires the use of a firearm, such as law enforcement or armed security, this could cost you your income.
As a family law attorney, Flores Legal PC can protect you from this type of legal tactic. If you have a restraining order taken out against you and are involved in a child custody dispute, you must secure your rights. Our practice can help you avoid court decisions based on unfair and baseless allegations.
Seek Help From a Professional Sacramento Attorney
There are many different outcomes to domestic violence cases, but the most important thing to know is that laws vary from state to state and even county to county. That's why it is absolutely vital to hire a lawyer you can count on.
If you are unsure about your options, have questions about domestic violence issues, divorce, or are facing a restraining order, we encourage you to get in touch with us. If you are a victim, you may find that many attorneys in this practice area are eager to represent you in court and get you the justice you deserve. When people are accused of domestic violence, it is often more difficult to find attorneys willing to take the case, even when you’re innocent.
Additionally, there are numerous repercussions of having a restraining order for both the one protected and the one the order is protecting against. The good news is that at Flores Legal PC, we take a personal, hands-on approach to each and every case we take. We meet with prospective clients, listen to their sides of the story, review any evidence they can present and then decide.
When you work with Michell Flores, you can rest assured that you're working with an attorney who genuinely cares about each client's wellbeing. In this type of situation, you need someone who will advocate for you — and that's exactly what you can expect from Flores Legal PC.