Roseville Domestic Violence Attorney

How Does Domestic Violence Impact a Child Custody Case?

Domestic violence absolutely affects child custody or visitation in Roseville and Placer County, whether the offense was against the child, the child's other parent, or someone else in the home.

The court will take action to protect a child from violence in the home, which means that exposure to a parent with a history of domestic abuse could be considered detrimental to the child such that an order of joint custody would be inappropriate, as per Family Code 3044. The judge will apply a "rebuttable presumption" in these cases, meaning he or she will assume, unless proven otherwise by overwhelming legal evidence, that the offending parent should not have joint or sole custody.

How is Domestic Violence Defined?

There are different types of domestic violence including physical abuse, sexual abuse, mental abuse, emotional abuse, and financial abuse.

Domestic violence is defined as an act of violence against a:

• Spouse
• Former spouse
• Cohabitant
• Dating partner; i.e. boyfriend/girlfriend
• Parent
• Child

How Can I Obtain a Domestic Violence Restraining Order?

If a current or former spouse, romantic partner, someone you share a child with, or someone else related by blood or marriage inflicts or attempts to inflict physical injury on you, sexually assaults you, makes you fear for your life, stalks you, harasses you, threatens you, or otherwise disturbs your peace, you are considered a victim of domestic violence. 

Therefore, you may be eligible to obtain a domestic violence restraining order from either civil or criminal court. A domestic violence restraining order can order the abuser to stop contacting you and your loved ones, prevent him or her from visiting any places you and your family frequent, move out of the family home, and even forfeit any weapons.

The following are the four main types of domestic violence protective orders in California:

• Emergency Protective Order (EPO) - If the police respond to a domestic violence call when the courts are closed–either late at night or on the weekend–an officer can call a judge and request an EPO that is immediately effective. The judge must believe you or your child is in immediate and present danger of domestic violence. An EPO is generally valid for five business days or seven calendar days–whichever is sooner–to give you enough time to go to court to request a domestic violence restraining order (DVRO).
• Temporary (ex parte) Restraining Order (TRO) - When you apply for a DVRO in court, the court will schedule a full hearing, generally within three weeks. In the meantime, if you are in present danger and require immediate protection, you can request a “temporary (ex parte) restraining order,” which lasts until the full court hearing.
• Domestic violence restraining order (DVRO) - When you go to court for your full hearing, you and your alleged abuser have an opportunity to present any evidence related to the case. If the judge rules in your favor, the “permanent” restraining order will be granted. This order can last for up to five years.
• Criminal Protective Order or “Stay-Away” Order - If the district attorney files domestic violence charges against your abuser, the State may also issue a criminal protective order against the defendant that lasts throughout the duration of the criminal case. If the defendant pleads guilty or is found guilty, the restraining order may last for up to three more years.

Our Roseville domestic violence attorney can help you seek a restraining order to protect you against further harm. Do not hesitate to obtain our experienced and compassionate legal services and let us guide you through the process from start to finish.
 

How A Domestic Violence Case Moves Forward In Roseville

When a domestic violence incident is reported in Roseville, multiple systems may become involved, including law enforcement, the Placer County District Attorney, and the family court. Police may respond to a 911 call, take statements, document injuries, and sometimes make an arrest, which can lead to a separate criminal case in addition to any family law issues. Understanding that these processes can run on different timelines helps you plan for immediate safety while also thinking about longer term decisions about your home, finances, and children.

From there, you may face hearings in criminal court, such as at the Santucci Justice Center in Roseville, while also appearing in Placer County family court for restraining orders, custody, and support. Each court has its own procedures and expectations, and it can feel overwhelming to keep track of deadlines, paperwork, and what you will be asked to share with the judge. Working with a domestic violence attorney can help you coordinate your approach across both courts, so that your safety story is presented clearly and consistently while you protect your legal rights.

Discuss Your Domestic Violence Case with the Team at the Bez Law Firm, P.C. in Roseville

Obtain a consultation with a helpful lawyer from our team at the Bez Law Firm, P.C. Our Roseville domestic violence attorneys have devoted their careers to helping families like yours. We're here to stand up for you and to protect your rights.

Contact us online or (916) 512-8944 to schedule your consultation with our Roseville domestic violence attorneys today!

Understanding Domestic Violence Resources in Roseville and Placer County

In Roseville and Placer County, the impact of domestic violence extends beyond individual cases; it affects families and the community as a whole. Local resources, such as the Placer County Behavioral Health Division and the District Attorney's Office, are available to assist victims in navigating the complexities of domestic violence situations. These entities provide essential support, including counseling services and legal assistance, to help individuals regain control of their lives.

Residents of Roseville may face unique challenges when dealing with domestic violence, such as the stigma associated with seeking help or the fear of retaliation from an abuser. Additionally, the proximity to urban areas can sometimes lead to a lack of awareness about available resources. It’s crucial for victims to know that they are not alone and that there are local organizations ready to help them through this difficult time.

Understanding the legal implications of domestic violence in custody cases is vital for parents in our community. The courts in Placer County prioritize the safety and well-being of children, and they recognize that exposure to domestic violence can have lasting effects. If you are a parent facing these challenges, it’s important to seek guidance from local legal professionals who are familiar with the nuances of family law in our area.

Many people are unsure where the legal process actually takes place or what to expect after reaching out for help. In domestic violence matters arising in Roseville, hearings might be held at the Gibson Courthouse or another Placer County court facility, where judges routinely address requests for protection, custody, and support. A domestic violence lawyer can help you understand which court will hear your case, how to prepare for appearances, and what documents or evidence you should gather so that you feel less overwhelmed and more informed about each step.

Some of the key local resources Roseville and Placer County residents may turn to include:

• Placer County Behavioral Health Division for counseling, crisis intervention, and referrals to community support services.
• Placer County District Attorney's Office for information about criminal cases, victim-witness assistance, and enforcement of protective orders.
• Local shelters and advocacy groups that can offer safe housing, safety planning, and practical help with transportation, childcare, and basic needs.

Commonly Asked Questions