FAMILY LAW
Domestic Violence
Carlsbad Domestic Violence & Restraining Orders Attorney
You Deserve Legal Protection
At our law firm, we are dedicated to helping those who are victims of domestic violence. We can provide assistance with filing for a domestic violence restraining order. This type of order is a court order that can help protect victims from physical harm, harassment, or other forms of abuse. We will ensure that your case is handled with the utmost care and that you receive the protection you need.
Trust Apogee Law Group to navigate the intricacies of move away cases with compassion, professionalism, and a commitment to achieving the best possible outcome for you and your family. If you have been a victim of domestic violence and need help with a restraining order, give us a call at (858) 933-4511 or complete our online form to schedule a free consultation today.
Contact a Carlsbad Domestic Violence Attorney
There are many types of abuse that can be prosecuted as domestic violence, including physical abuse of one partner against another in Carlsbad and throughout the United States. However, physical abuse is not the only type of abuse that can be prosecuted as domestic violence acts can include but are not limited to:
Types of Domestic Violence:
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Physical abuse, such as hitting, pushing, slapping, choking, or other forms of physical intimidation;
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Emotional abuse, such as verbal insults, humiliation, and name-calling;
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Sexual abuse, including unwanted touching or any forced sexual activity;
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Harassment, including monitoring activities and communication with others;
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Stalking behaviors, such as tracking movements or watching someone without permission;
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Financial control, like withholding money or preventing access to financial resources.
Protecting our clients and their families is our highest priority at Apogee Law Group, LLP. If you or someone you know is a victim of domestic violence, please contact our Carlsbad Domestic Violence Attorney at (858) 933-4511 or complete our online form to schedule a free consultation as soon as possible to ensure you have the legal protections you need.
Domestic Violence FAQs
How do I get a DVRO in California?
To obtain a Domestic Violence Restraining Order (DVRO) in California, you can follow the following steps:
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Ensure your safety: If you are in immediate danger, contact emergency services or law enforcement.
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Gather evidence: Document any incidents of domestic violence, including dates, times, locations, and descriptions of abusive behavior. Save any relevant evidence, such as photographs, messages, or medical records.
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Determine your eligibility: In California, you can seek a DVRO if you have been a victim of domestic violence, or if you have a close relationship with the person who has subjected you to abuse, such as a spouse, former spouse, cohabitant, or parent of your child.
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Complete the necessary forms: Obtain the required court forms, which vary by county. The most common forms are the Request for Domestic Violence Restraining Order (DV-100) and the Temporary Restraining Order (DV-110).
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Fill out the forms: Provide accurate and detailed information about the incidents of abuse and the requested orders, such as no-contact orders, child custody and visitation orders, and residence exclusion.
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File the forms: Submit the completed forms to the clerks office at your local courthouse. They will assist you with filing and provide instructions on the next steps.
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Obtain a hearing date: The court will review your forms and schedule a hearing within a few weeks.
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Serve the papers: Arrange for the other party to be served with a copy of the filed forms, including notice of the hearing. This is typically done by a law enforcement officer or a professional process server.
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Attend the hearing: Be prepared to present your case to the judge. Bring any evidence or witnesses who can support your claims.
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Follow-up and enforcement: If the court grants the DVRO, make sure to follow any orders issued. Keep copies of the order with you at all times and notify law enforcement if the abuser violates the order.
Its crucial to consult with a family law attorney or a domestic violence support organization for guidance throughout the process. They can provide you with valuable advice, assistance with completing the forms, and support during court hearings.
How long does a DVRO last?
In California, the duration of a Domestic Violence Restraining Order (DVRO) can vary depending on several factors, including the specific circumstances of the case. Here are the general guidelines:
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Emergency Protective Order (EPO): An EPO is a temporary restraining order that can be issued immediately by law enforcement at the scene of a domestic violence incident or by a judge outside of regular court hours. An EPO typically lasts for a short period, usually around 5 to 7 days, providing immediate protection until a longer-term order can be obtained.
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Temporary Restraining Order (TRO): A TRO is typically issued after the initial request for a DVRO has been filed with the court. It is effective until the scheduled court hearing, which is usually within 20-25 days. The TRO provides temporary protection until a judge can hear the case and make a decision on whether to grant a longer-term DVRO.
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Domestic Violence Restraining Order (DVRO): If the court determines that a DVRO is warranted, it can be issued for a longer duration. In most cases, a DVRO can last for up to five years. However, the court has discretion to grant an order for a shorter or longer duration, depending on the circumstances. In cases involving severe or ongoing domestic violence, the court may issue a permanent DVRO, which has no set expiration date.
Its important to note that a DVRO can be renewed or extended if necessary. If you believe that you still need protection beyond the initial duration of the order, you can seek to renew or modify the DVRO by filing the necessary forms and presenting your case to the court.
For specific information and guidance related to your situation, its advisable to consult with a family law attorney or reach out to a local domestic violence support organization. They can provide you with personalized advice and assistance throughout the process.
