Domestic Violence Restraining Orders
If you need advice and an attorney's representation in addressing a problem with family violence or spousal abuse, or if you have been charged with domestic violence or violating the terms of a restraining order, contact my San Jose family law office for dependable counsel and a thorough discussion of your options.
I have been practicing divorce and family law in the Bay Area for 30 years, and I have represented clients in cases involving domestic violence. Domestic violence or abuse can be considered by the Family Court in deciding spousal support and custody of children. Domestic abuse does not require actual physical contact. It is enough to place a person in reasonable apprehension of imminent serious injury. Threats of violence can constitute domestic abuse. False accusations of domestic violence should never be made.
Depending on the severity of the particular incident, an incident of family violence might result in a court's issuance of a domestic violence restraining order (DVRO), which requires the man or woman covered by its terms to avoid all contact with the victim. In cases where police see that one or both parties are injured, the assailants will be taken to jail as well. Domestic violence can be charged as a criminal offense. For repeat offenders or especially violent incidents, felony charges can be filed.
Violations of a DVRO can also be serious charges, both in the criminal courts, and as a civil contempt of court punishable by jail time. Failure to obey a restraining order can involve such relatively simple acts as calling the protected party at home or at work, communicating with him or her through a friend or relative, or failure to follow through with court-ordered counseling or treatment services.
If you need help enforcing the terms of a domestic violence restraining order, or if you want to disprove the allegations that resulted in a DVRO, my experience and familiarity with the law in this area can help resolve your problem. For more information, contact my San Jose office.