Domestic violence is any kind of physical, emotional, verbal, or sexual abuse against a family member, intimate partner, or member of your household. If you were a victim of this kind of mistreatment, it could have an effect on your divorce as well as child custody. We can help you take out an order of protection so that you and your family do not have to be treated in this way again. If the abusive spouse or parent is convicted of domestic violence, they could be liable to jail, fines, probation, and it will likely affect their rights to custody of the children.
If you are a victim of domestic violence, you should contact the police and file a report. Any time violence occurs, you should immediately call 911.
Domestic Violence is a complicated topic involving extremely personal issues. Understanding what constitutes domestic violence is critical yet challenging. Because of the cycle of abuse and control, survivors of domestic violence often do not know where to turn for help. There are many organizations and resources available to you in the Bay Area community. If you feel victimized by a spouse, former spouse, cohabitant, former cohabitant, a person with whom you are having or has had a dating or engagement relationship, a person with whom you have had a child, or any other person you are closely related to our office will work with you through the process to find the solution that is in your best interest. Handling a domestic violence case can be dangerous and it is important to discuss all of your options.
Victims of domestic violence can ask the court for a temporary restraining order (TRO) if they have suffered emotional, psychological, economical, legal, physical or sexual abuse. A temporary restraining order will protect you, a pet, or a child until the hearing takes place to determine whether a permanent restraining order should be issued against the abuser. Depending on severity of the abuse and continued threat, if granted, the permanent restraining order can last anywhere between 6 months and 5 years.
Under the Violence Against Women Act (VAWA), immigration status can also be affected in cases involving domestic violence. The abuser can lose status and be deported. The victim, even if the relationship is not one of long duration, can apply and may be entitled to a “U” visa. Our highly skilled team can assist you in cases such as these.
Our team is skilled in the filing of DV restraining orders, litigating trials, eliciting testimony from witnesses and advising clients of the lasting effects of a court’s finding of domestic violence in any particular instance.