~ Domestic Violence ~
What is Domestic Violence?
In California, Domestic Violence occurs when an injury is inflicted, no matter how small or seemingly insignificant, to a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, a former spouse, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.
In California, there are three distinct ways that Domestic Violence related restraining orders are issued. First, when an arrest is made for a Domestic Violence related crime, the Police will typically ask the District Attorney and the Court to issue an "Emergency Protective Order," which is a restraining order issued for a limited period of time, usually just long enough to allow the arrested party to be arraigned, so a more formal and longer duration order can be obtained.
The Second type of restraining order that a person can obtain is issued by the Civil Courts, typically in situations that do not meet the criteria set forth in the Domestic Violence Prevention Act, which is discussed below. In this instance, one neighbor may seek a restraining order against another neighbor to prevent some type of harm or activity from occurring.
The Third and arguably most common form of restraining order occurs in situations where Domestic Violence is at issue. In these cases, the Domestic Violence Prevention Act (ACT) prevents persons from being subject to certain types of abuse, which is defined as: recklessly or intentionally causing or attempting to cause bodily injury, a sexual assault or placing a person in fear of imminent and serious bodily harm. Certain examples of abuse that are covered under the ACT include: stalking, harassing, threatening, attacking, hitting, molesting, sexually abusing and generally disturbing the peace of another person.
If a person believes that they are the victim of Domestic Violence that is protected by the ACT, they will appear before the Court, with a completed Request for Restraining Order, to ask that a Family Law restraining order be issued. Most commonly, this is done ex parte, which means on an emergency basis. A Judge or Court Commissioner will review the request to see if there is an allegation of current violence or a credible threat of violence occurring if the restraining order is not issued immediately. If the Court believes that an adequate showing of Domestic Violence has been made, then the Court will issue a "temporary" restraining order, which is good for no more than 21 calendar days. Regardless of whether a "temporary" restraining order is issued, the Court will set date for a full hearing on the matter, within 21 calendar days. It is important to know that the restraining order has no effect until it is personally served on the party to be restrained. At the trial (hearing) on the matter, each side is entitled to be represented by an attorney and the California Rules of Evidence and other procedural rules will apply. Because this is an actual trial on the issues, it is important to retain a highly qualified attorney like Don Werno, Esquire to make sure that your rights are fully protected.
If you are the victim of Domestic Violence, have been arrested for a Domestic Violence related crime, or have been served with a Request for a Restraining Order, it is important that you immediately contact attorney Don Werno, so that he can fully protect your rights. Time is of the essence in these types of situations and Don Werno's extensive Family Law and Criminal Defense experience may make the difference between success or failure or jail and freedom. Don't delay and contact us today.
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At the Law Offices of Werno & Associates, we offer a free initial consultation and after-hours meetings by appointment. A retainer deposit is not always required and we accept Visa, MasterCard and American Express for your convenience. Payment plans may also be available, depending on the circumstances of your case. Feel free to give us a call to discuss the unique circumstances of your case and to see how we can help.
We offer our clients award winning services in the areas of Divorce, Child Custody, Child Support, Spousal Support and Modification of Existing Orders. If you are looking for a divorce lawyer, we understand family law and Don Werno, Esquire has been a divorce attorney and family law attorney for well over a decade. We are more than happy to provide you with divorce advice and to explain the complex family laws that exist in California. We are more than divorce lawyers, we are family law lawyers that care and can help.
Our offices are located near the 5 and 55 freeways in Santa Ana, Orange County, California and help is just a phone call or E-mail away. To learn more about our services, contact our office today. Se habla Español.
