Roseville Domestic Violence Attorney
Protecting Victims & The Falsely Accused in Placer County
If you or a loved one has been the victim of domestic violence, it's time to take action. Our Roseville domestic violence lawyers at the Bez Law Firm, P.C. can help. In our mind, there is nothing more important in the field of family law than protecting the victims of domestic assault.
Support for those Falsely Accused of Domestic Violence
We're here for you if you have been falsely accused. We can advocate for you and defend you against harmful accusations.
Wrongful accusations could unfairly impact:
- Your reputation
- Your parental rights, custody, and visitation
- Your freedom
- Career prospects
- Your criminal record
How Does Domestic Violence Impact a Child Custody Case?
Domestic violence absolutely affects child custody or visitation, in Roseville and Place 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 / 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:
- Former spouse
- Dating partner; i.e. boyfriend/girlfriend
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 are 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/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 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 lasts 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 lasts for three more years.
Our Roseville domestic violence attorney can help you obtain 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.
Discuss Your Case with the Team at the Bez Law Firm, P.C.
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.
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