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Domestic Violence Restraining Orders
Riverside Attorney Helping People Seek Family Law Domestic Violence Restraining Orders
It is common for family members and romantic partners to argue on occasion. There is a vast difference, however, between a heated disagreement and threatening or abusive acts. Such acts often constitute domestic violence and could be grounds for obtaining a domestic violence restraining order. If you are the victim of abusive or threatening behavior and you want to learn more about what steps you can take to protect yourself or others, you should talk to an attorney promptly. Tashfeen Haq of Haq Law Firm, PC, is a seasoned Riverside family law attorney who can inform you of your rights and help you to seek your desired outcome efficiently and discretely. Mr. Haq has over a decade of experience representing parties in family law cases in Riverside and San Bernardino.
California’s Definition of Domestic Violence
In California, domestic violence is defined as threats of abuse or abuse in situations where the victim and abuser currently have or previously had an intimate relationship. Intimate relationships include married couples, people who have a child together, people that live together, and those in domestic partnerships. Threats of abuse or abuse perpetrated by a person against an individual they are related to by blood or marriage constitute domestic violence as well.
Abuse includes intentionally or recklessly inflicting or trying to inflict physical harm on someone and threatening a person in a manner that causes them to fear that they or another party will sustain serious injuries. Stalking, sexual assault, disturbing the peace, destroying personal property, and harassment are also considered domestic violence.
It is important to note that while acts of domestic violence often cause physical harm, like contusions and lacerations, such injuries are not necessary to prove domestic violence. Domestic violence often causes psychological trauma as well.
Seeking a Domestic Violence Restraining Order in California
Victims of domestic violence will often ask the courts to protect them from their abusers via domestic violence restraining orders. In California, the courts will issue domestic violence restraining orders, which are civil orders intended to protect people from being physically or sexually abused, harassed, threatened, or stalked. These differ from protective orders issued by criminal courts, which are requested by district attorneys on behalf of victims.
In cases in which petitioners demonstrate an imminent threat of harm, the courts have the authority to issue emergency ex-parte domestic violence restraining orders without providing the restrained party with a notice or hearing. The courts will generally only issue such orders if a police officer shows that there is reasonable cause to believe that the alleged victim is in immediate danger of domestic violence or that a child is in immediate danger of being kidnapped by a parent or relative or of being abused by a person in their family or household.
Emergency domestic violence restraining orders prohibit people from engaging in certain behavior, but they are temporary and expire within five to seven days of their issuance.
In cases in which emergency ex-parte orders are not necessary, the courts will provide notice to the alleged perpetrator of the request for a domestic violence restraining order and conduct a hearing. The court will consider the evidence presented during the hearing and, if necessary, issue a domestic violence restraining order.
Confer with a Skillful Riverside Family Law Attorney Today
Domestic violence can cause lasting physical and emotional harm, but fortunately, many victims of domestic violence can seek relief via domestic violence restraining orders. If you need assistance dealing with domestic violence or were accused of engaging in acts of domestic violence, it is advisable to confer with an attorney as soon as possible. Tashfeen Haq of Haq Law Firm, PC, is a skillful Riverside family attorney with ample experience handling sensitive matters, and if you engage his services, he will set forth compelling arguments on your behalf. Our office is conveniently located in Riverside, and we regularly assist people in domestic violence restraining order proceedings and other family law actions in Riverside, San Bernadino, Corona, and other cities throughout Southern California. You can contact our firm by calling us at (909) 234-9789 or by using our form online to set up a confidential and free meeting to assess your case.