Family Law

Domestic Violence / DVRO

Family Law Domestic Violence

Domestic violence is generally viewed as abusive behavior directed at a spouse or domestic partner, but the California divorce lawyers at our office have also seen it involve children, boyfriends or girlfriends, or elderly family members. The abuse can range from unwanted touching to hitting, striking, shoving and pulling hair, though acts of domestic violence also include causing serious physical harm, injuries or even death. Chapter 741 of the California Statutes includes several laws which specifically cover domestic violence, in addition to various statutes contained in the California Criminal Code. Whether you have suffered abuse or if you stand accused, call or visit us at Law Office of Garry Barbadillo for an initial consultation about your case, to discuss the matter and learn more about actions we can take to safeguard your safety and help you extricate yourself from this situation.

Obtaining a Restraining Order in California

Contact a family law attorney from Law Office of Garry Barbadillo immediately if you or a loved one has been a victim of domestic violence. Divorces are often extremely emotional and can sometimes result in abusive behavior as tempers spiral out of control during the breakdown of the marriage. Our firm can review your case and help you obtain a domestic violence restraining order for protection or order of protection to prevent further violence. If you are in fear of imminent danger you should not hesitate to contact the police, though you should keep in mind that it is in your best interests to share no more information than necessary, as you could mistakenly expose yourself to negative consequences by saying the wrong thing on the record.

When an individual is arrested following a domestic violence call, the court will often serve the defendant with a restraining order which prohibits any type of contact with the alleged victim. Enforcement of this order is not at the discretion of the victim, and it is vital that you avoid violating its terms as this could lead to a subsequent arrest. Whichever side of the issue you are on, a family law attorney from our San Jose law firm can represent you in court in petitioning to have the order modified or dismissed.

Effective Defense Against False Allegations

Our firm also represents individuals—men and women alike—who have been accused of committing acts of domestic violence. The victims of spousal abuse deserve protection, but it is unfortunately often easy to level false allegations of this nature which can be difficult to defend against. We commonly defend clients on false accusations of domestic violence or child abuse which have been made in an attempt to gain the upper hand in a child custody battle during divorce, by demonizing the accused and making it appear unsafe for the children to be left alone with that parent.

Criminal Consequences of a Domestic Violence Arrest

State law defines a number of specific criminal offenses as being acts of domestic violence, including assault, battery, sexual assault or rape, stalking, kidnapping, false imprisonment and any other action which causes injury or death to another family or household member. When the police receive a domestic violence complaint—either from the alleged victim or from a neighbor—they will typically hurry to the scene of the incident in order to prevent the situation from spiraling out of control. The officers who respond to the call will usually arrest and charge the alleged abuser even if the person who filed the report has a change of mind and does not wish to press charges. A conviction in a domestic violence case can result in penalties such as jail time, fines and court-ordered counseling, in addition to depriving the defendant of the right to own a gun.

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