San Jose Domestic Violence Attorney
Legal Support and Protection for Victims in California
If you are in danger now, please call 911. Abuse or the threat of abuse in a domestic relationship may warrant a restraining order. The purpose of a domestic violence restraining order (DVRO) is to provide victims enough time to create the necessary changes needed to create a safe environment for themselves and their family.
A DVRO has many benefits. A restraining order may require the abuser to adhere to the following:
- Stay-away orders concerning you and your loved ones
- No contact orders
- Child custody and child support orders
- Orders about the possession of firearms
- Our San Jose domestic violence attorney can assist you in establishing the proper boundaries and safety procedures you need and deserve
Contact a San Jose domestic violence attorney today to schedule your legal consultation—call us at (408) 844-4016 or reach out online now.
Understanding Domestic Violence Under California Law
California’s domestic violence laws are designed to protect victims and hold perpetrators accountable. The California Penal Code defines domestic violence as abuse or threats of abuse committed against someone with whom the alleged abuser has an intimate or familial relationship. This includes spouses, domestic partners, cohabitants, dating partners, and even certain close family members.
Domestic violence encompasses a wide range of abusive behaviors, including:
- Physical violence (e.g., hitting, kicking, choking).
- Emotional or psychological abuse (e.g., threats, intimidation, manipulation).
- Sexual abuse.
- Stalking or harassment.
- Financial abuse (e.g., controlling access to money or financial resources).
When domestic violence allegations arise, they can significantly influence family law matters, making it critical to work with a San Jose domestic violence attorney who understands the nuances of these cases.
The Role of Evidence in Domestic Violence Cases
Evidence plays a critical role in domestic violence cases, whether you are seeking protection or defending against allegations. Courts rely on a variety of evidence to make determinations in these cases, including:
- Police reports and witness statements.
- Medical records documenting injuries.
- Text messages, emails, or other communications.
- Photographs or videos of injuries or property damage.
- Testimony from friends, family members, or neighbors.
If you are a victim, we can help you collect, analyze, and present evidence to support their case, ensuring that the court has a complete and accurate picture of the situation.
Long-Term Impacts of Domestic Violence Cases
Domestic violence cases often have long-lasting effects on all parties involved. For victims, obtaining legal protection and addressing the trauma of abuse can be a lengthy and challenging process. For those accused, the consequences of a conviction can include criminal penalties, loss of parental rights, and difficulty securing employment or housing.
Working with our San Jose domestic violence lawyer can help mitigate these impacts by ensuring that the legal process is handled effectively and with sensitivity to the unique circumstances of each case.
Get Help Now: San Jose Domestic Violence Legal Advocacy
Domestic violence can have devastating effects on individuals and families. If you or someone you know is facing domestic abuse, it is important to seek legal protection as soon as possible. Our experienced San Jose domestic violence attorneys at the Law Offices of Nick Cvietkovich are dedicated to helping victims of domestic violence navigate the legal process and obtain the protection they need.
Our legal team can assist with:
- Filing for a restraining order
- Providing legal representation in court hearings
- Advocating for the rights of domestic violence victims
- Offering support and guidance throughout the legal process
Don't hesitate to reach out for help. Our compassionate and knowledgeable attorneys are here to provide the legal support and protection you need during this difficult time.
A San Jose domestic violence attorney is here to help. Call us at (408) 844-4016 today or contact us online to arrange your free legal consultation.
Domestic Violence Restraining Orders
Restraining orders are a common legal remedy in domestic violence cases. These orders are designed to protect victims by prohibiting the alleged abuser from contacting or approaching them. California law provides several types of restraining orders:
- Emergency Protective Orders (EPOs): Law enforcement officers can request an EPO on behalf of a domestic violence victim. These orders take effect immediately and typically last up to seven days, providing temporary protection until a longer-term solution can be arranged.
- Temporary Restraining Orders (TROs): Victims can petition the court for a TRO, which provides protection until a hearing can be held to determine whether a permanent restraining order is warranted. TROs usually last 20 to 25 days.
- Permanent Restraining Orders: Following a hearing, the court may issue a permanent restraining order, which can last up to five years. These orders can be renewed if the victim demonstrates an ongoing need for protection.
Can Domestic Violence Affect My Divorce?
California is a no-fault divorce state. Generally, no matter the situation, “irreconcilable differences” will be the reason labeled on the divorce filing. Even so, victims of domestic violence may introduce evidence of abuse to the court during the divorce process. The court takes accusations of domestic violence seriously. This is especially true if children are involved.
How Does Domestic Violence Affect Child Custody?
Under California Family Code Section 3044, there is a legal presumption that awarding custody to a parent who has committed domestic violence is not in the child’s best interests. This presumption applies if the parent was convicted of domestic violence or if the court finds clear and convincing evidence of abuse within the past five years. To overcome this presumption, the accused parent must demonstrate that granting them custody would not endanger the child.
How Does Domestic Violence Affect Spousal Support?
Under California Family Code Section 4325, if a domestic violence conviction exists within five years of the divorce filing, then it is presumed that the accused will not receive spousal support. However, this is not automatic and can be contested and overturned.
Depending on the circumstances of the case, the court may award greater spousal support to victims of abuse. Our San Jose domestic violence lawyer can help protect your best interests during divorce proceedings.
How Does Domestic Violence Affect Property Division?
California’s community property laws typically require an equal division of marital assets and debts. However, in cases where domestic violence has occurred, the court may consider this abuse when determining a fair division of property. For instance, if one spouse’s abusive behavior caused financial harm to the other, the court may award a larger share of the assets to the victim.
Seeking Legal Protection for Domestic Violence Victims
Domestic violence cases are often emotionally charged and legally complex, requiring a nuanced understanding of California’s family and criminal laws. Whether you are seeking protection from abuse or defending against allegations, having a skilled San Jose domestic violence attorney by your side can make a significant difference in the outcome of your case.
“Nick has helped me and my family on multiple occasions, he is incredibly professional and will always look out for your best interest. I highly recommend talking to him and seeing how he can help your case.”
Ready to Take the Next Step? Call Us Today!
You have legal protections available to you. Our San Jose domestic violence attorney can help you to understand your best options in a safe environment.
Tell Us Your Story
Let Us Protect Your Family
