Divorce cases arise for many reasons, from infidelity to simple irreconcilable differences. Most couples in these situations want a smooth, amicable split. Unfortunately, some marriages and relationships involve abuse, which brings added danger for the victim. If domestic violence is part of your case, you need to know your rights and options for ending the relationship safely.
You do not need to be married to get protection under California's domestic violence laws. If a current or former partner, roommate, or family member has hit you, stalked you, harassed you, or made you reasonably afraid, you can ask for a domestic violence restraining order. Abuse can happen through text, email, or social media, not just in person. Here is how a Sacramento domestic violence attorney can help.
Domestic violence covers a wide range of harmful acts committed by a spouse, partner, family member, or someone you live with. Common categories include:
Domestic violence does not have to involve physical injury to count under the law. If you or a loved one has been accused of or victimized by domestic violence, it is important to speak with an experienced attorney quickly, since these cases can affect parental fitness and custody.
Under Family Code section 3044, a parent found to have committed domestic violence in the past five years faces a legal presumption against getting custody, though that presumption can be overcome with evidence. You do not have to be the victim yourself to request a protective order on behalf of a child or another family member.
California offers several layers of protection. Police can request an Emergency Protective Order any time of day, which takes effect immediately and could last almost a week. This gives victims time to file for a Temporary Restraining Order, which stays in place until a court hearing, generally scheduled 20 to 25 days out. At that hearing, a judge decides whether to issue a longer-term Restraining Order After Hearing, which can last up to five years and be renewed.
Anyone served with one of these orders must surrender their firearms, typically within 24 hours. Transferring guns to a friend or relative does not satisfy this legal requirement.
If you need to request an order immediately or defend against one, an experienced domestic violence attorney can represent your interests.
False accusations do happen, often during a divorce or custody dispute. If you are accused, the police may temporarily remove you from your home before you have a chance to tell your side. Anyone who knowingly files a false report can face criminal charges of their own under Penal Code section 148.5, punishable by up to six months in jail. A restraining order based on a false accusation can still cost you custody time or your firearm rights while it is in place, so it is important to fight back quickly. An experienced Sacramento domestic violence attorney can challenge the evidence, gather character witnesses, and, in some cases, help you pursue damages against a false accuser who acted knowingly and maliciously.
A domestic violence conviction can bring serious consequences, including:
If your ex-spouse is found to have committed domestic violence, it can affect how a judge divides property, awards custody, and sets support in your divorce. If you are a victim and not yet divorced, it is often best to move toward ending the marriage safely as soon as possible, with the right protective orders in place.
If you need to file for a restraining order, Sacramento County's Family Law Facilitator's Self-Help Center at the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road, offers free help with paperwork. WEAVE, Inc. runs a 24-hour domestic violence hotline and can help with safety planning and forms. These resources can support you alongside your attorney, not replace one.
An emergency protective order can be issued by police the same day, and it takes effect immediately.
Yes. Under Family Code 3044, a finding of domestic violence within the past five years creates a presumption against giving that parent custody.
You will have a chance to tell your side at a hearing, and a knowing false report can lead to criminal charges against the accuser.
Not necessarily. Many first-time misdemeanor convictions result in probation and a batterer's program instead of jail, though jail time is possible.
Yes. State law requires anyone served with a protective order to give up firearms while it is in effect.
Jason and Janet Ewing and their team at Ewing Law Group, PC have represented domestic violence victims and the accused throughout the greater Sacramento area. We know how frightening these cases can be, especially when children are involved, and we work to secure the protection you need as quickly as possible. Whether you are seeking a restraining order or defending against one, our team takes the time to understand your situation and build the strongest case we can.
Contact us today to take the first step toward safety.
Ewing Law Group, PC provides family law services to clients in Sacramento and throughout Northern California. Call us at 279-900-8848 to schedule a consultation.
