Domestic Violence Lawyer Claremont
Domestic violence is never okay. Unfortunately, it happens far too often in the state of California.
The most important thing is that you and your children are safe. Many people turn to a Claremont domestic violence lawyer for help – and if you need us, we’re here for you.
What Is Domestic Violence?
Under California law, domestic violence is “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Under the same law, abuse is characterized by the intentional or reckless causing of bodily injury; even the attempt to cause bodily injury can be considered abuse. Further, “placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another” is abuse under California law.
What Counts as Abuse?
Abuse or violence can include harming or trying to harm someone, sexual assault, and instilling fear using threats of violence. It can also include:
- Disturbing a person’s peace
- Destroying personal property
Verbal abuse can also be a form of domestic violence, as is any behavior causing emotional or psychological damage.
What to Do if You’re a Domestic Violence Victim in California
If you’re the victim of domestic violence, the most important thing is your safety. If you are in immediate danger, please call 9-1-1 and get to a safe place.
Your lawyer may be able to refer you to local domestic violence shelters and help you find other resources that can assist you in getting away from an abusive spouse. You can also call the National Domestic Violence Hotline at 800-799-7223 or TDD at 800-787-3224.
Domestic Violence and Restraining Orders
If you fear for your safety or your children’s safety, you can request a restraining order from the court.
The court can issue a restraining order whether you were married, in a registered domestic partnership, separated or divorced, dating or have had a former dating relationship, or you live together or have in the past.
What a Restraining Order Does
Under California law, a restraining order can bar a person from contacting or coming near you, your children, relatives or anyone living with you. The person under the restraining order must avoid your home, where you work or your kids’ schools.
Types of Domestic Violence Restraining Orders
Depending on your situation, your attorney may recommend one of three types of restraining orders.
One type of restraining order your attorney may recommend is the emergency protective order, or EPO. An EPO can only be requested by law enforcement officials through a judge, but they can be requested at any time of day or night. These types of protective orders last up to 7 days.
You may also be eligible for a temporary restraining order, or TRO. You can go before a judge to explain why you need this type of restraining order, and if the judge issues it, it can last between 20 and 25 days (or until your court date).
In some cases, a permanent restraining order is more appropriate. Although it is called a “permanent” restraining order, it can only last 3 years. After 3 years have passed, you can request another permanent restraining order.
Contact a Claremont Domestic Violence Lawyer Today
Nobody deserves to be a victim of domestic violence, and statistically, people who stay in abusive relationships get hurt more as time progresses. You do deserve to be safe, though, and working with a Claremont domestic violence lawyer may be exactly what you need to do.
You don’t have to stay with an abusive partner, and we can help you break free following the legal routes designed to protect you and your children.