Domestic violence exists in any relationship (e.g., where people live or have lived together and/or are family members or sexual partners) where one person threatens/inflicts another person with physical or sexual harm or emotional harassment, violates their personal sense of space or peace, or destroys personal property.
Domestic Violence Statistics for the State of California (Department of Justice, Criminal Justice Statistics Center):
- In 2004,169 murders were committed as a result of domestic violence.
- California law enforcement agencies reported 181,362 domestic violence calls in 2005.
Domestic violence abuse can include:
- Verbal or written abuse.
- Any kind of physical violence.
- Coerced or forced sexual behavior or acts.
- Psychological or emotional abuse.
- Stalking someone in person, over the phone, or through the Internet.
Domestic Violence Victims:
If you are a victim of domestic violence, one of our family law attorneys can help you obtain a "kick-out" or temporary restraining order (TRO). A restraining order may direct the named party not to approach you, your home, work, or vehicle. It may also prohibit a person from making any efforts to communicate with you or transfer money or other property.
A domestic violence restraining order is a court order that protects a person from being abused by another person. You will have to go to court to prove your domestic violence case, and it is important to have an attorney who can represent your best interests.
You can ask for a restraining order if you have been abused by:
- Someone you are dating.
- A relative.
- A spouse or ex-spouse.
- A romantic partner who you live or used to live with.
A restraining order can force the restrained person to:
- Not contact you.
- Stay away from you, your family, or the people that you live with.
- Move out of your home.
- Pay child support, spousal, or partner support.
- Obey child custody and visitation orders
- Not be allowed to possess a weapon.
Once a restraining order is issued, only the judge is authorized to revise or terminate the order. The TRO usually lasts until the next scheduled court hearing, during which time the judge will rule whether to continue or terminate the restraining order. If the person who is restrained violates the order, they can be charged with committing a crime.
To file for a restraining order in Santa Clara County, go to the Superior Court of California, County of Santa Clara. In Alameda County, go to the Superior Court of California, County of Alameda. The Superior Court of California, County of Monterey, handles domestic violence cases in Monterey County.
If a person is charged with committing a felony domestic violence crime, their case will also be heard in one of the superior courts. A person charged with a misdemeanor domestic violence offense will have to appear at one of the municipal courts.
Time is of the essence when seeking a domestic violence restraining order. In all domestic violence matters, we will do all we can to resolve such very personal and often painful legal matters as quickly and sensitively as possible.
If a restraining order has been issued against you and you would like to respond to it, you should file an Answer to Temporary Restraining Order form prior to the hearing. It is important that you send a copy of this order to the person who requested the restraining order. A family law attorney can represent you in court and offer you legal advice. If you violate the restraining order, a lawyer can take your case for you.
If you are involved in a domestic violence dispute and you would like to speak to an attorney, contact Sagaria Law, P.C. CONTACT US ONLINE, OR CALL US AT 1-866-447-8460 TO SCHEDULE A CONSULTATION. WE HAVE OFFICES IN SAN JOSE, FREMONT, REDWOOD CITY, AND SACRAMENTO.