Orange County Domestic Violence Attorney
Helping Victims of Domestic Abuse File for Restraining Orders
Domestic violence is a silent epidemic that affects many families. Abuse can manifest itself in many forms beyond physical abuse - it can be emotional, psychological, financial, and even spiritual. Men, women, and children can all be victims of abuse.
At Gill Law Group, we can provide counsel for clients facing any type of violence at home. We can work to protect you and help you resolve issues affected by domestic violence, such as child custody, divorce, and other related matters.
Gill Law Group can represent:
- Victims who are suffering from abuse and seeking an order of protection
- Individuals who have been accused of domestic violence and are concerned about how the accusation will affect a divorce and custody case.
Restraining Orders in Orange County, CA
Taking out a restraining order can help protect victims from further abuse. A civil restraining order prohibits the abuser from contacting you, coming near your home or place of work, and can even give you temporary custody of your children.
We can help clients file the petition and prepare for hearings in front of a judge. If a restraining order is violated, then we can also take measures and ask the court to enforce penalties for the violation.
Types of Restraining Orders in CA
- Emergency Protective Order (EPO) – Issued by law enforcement at the scene of violence or abuse. Can be issued 24 hours a day, is effective immediately, and lasts for 7 days.
- Temporary Restraining Order (TRO) – Issued by the court and lasts for 20-25 days until the court date for a "permanent" restraining order.
- "Permanent" Restraining Order – Issued by a judge at a court hearing. Not truly permanent, but they last for up to 5 years.
Temporary Restraining Orders in Orange County, California
A temporary restraining order is meant to provide asylum from an abusive spouse or aggressive family member, to help you find a middle ground, to give some time and space to clear your head, and to resolve disputes without having to worry about a potential eruption of violence.
You do not need the restrained person present when filing for a temporary order of protection, but you will need to attend a courtroom hearing if you later want it extended or made permanent.
People you can restrain with a temporary court order include:
- Spouses and ex-spouse
- Immediate family members
- Roommates or people who lived with you in the past
- Significant others, past or present
How can a temporary restraining order keep a person away from you? The answer depends greatly on your unique situation. Some people only need an order of protection to stop in-person meetings while others look to limit a variety of circumstances. Talk with your family law attorney to determine what should be the objectives of your temporary restraining order.
Your temporary restraining order could mandate that the restrained person:
- Not contact you or your children in any way without a court’s permission
- Not visit areas near your workplace, school, or home
- Not possess or carry a loaded firearm
- Not get within a certain number of feet from you
False Accusations of Domestic Violence
Although the issue of domestic violence is one that must be taken seriously by courts, unfortunately, some people use domestic violence law as a weapon to attack the other party in bad faith. Accusations of domestic abuse can invite harsh social judgment and result in an irreparably harmed reputation.
California courts also take false accusations of domestic violence seriously and will punish those who disrespect the spirit of domestic violence laws and the powerful legal protections afforded to victims under those laws. A person who is wrongfully accused of domestic violence can recover attorney’s fees from their accuser, sue them for malicious prosecution, or recover damages for defamation.
In some cases, the accuser may be charged with making a false police report of a crime. Further, a California family law court can consider such misconduct when making determinations in family law matters, including the division of community property, awarding child custody, and rendering spousal support orders.
We Can Help Protect You - (949) 681-9952
Our Orange County domestic violence lawyers understand laws regarding domestic violence and how it can affect families. Whether you are a victim or facing accusations, we are prepared to put our experience and resources to work for you. We have a team of knowledgeable, compassionate attorneys who can guide you through the courts and the legal procedures. Throughout the process, we work alongside you to make sure that you are safe and that your interests are protected.
Contact us for your complimentary initial consultation to learn more.