Domestic Violence in California
State laws rather than federal ones determine the bulk of domestic violence laws and regulations. Luckily, the state of California upholds strict legal statutes when it comes to domestic violence
. State law defines domestic violence as any harmful act committed by a family or household member against another family or household member. This can be any number of acts, and it’s important to note that the violence does not need to be directed at you for you to take action. For example, a spouse might abuse their spouse or their child, or a member of the household may present a clear and present danger to other household members based on their behaviors. If you or another member of your household has been abused by a family or household member, you can take action.
What Does Domestic Violence Look Like?
There is no one definition of domestic violence, so this question can be difficult to answer.
Domestic violence takes many different forms, including, but not limited to:
- Physical violence, including the intentional hitting, slapping, kicking, or striking of a family or household member. It is also possible to secure a restraining order against a family or household member that who has committed physical abuse against the family’s pets.
- Sexual abuse and battery, including sexual assault, rape, or the molestation of minor children in the family or household.
- Threats and intimidation. Tangible physical harm is not a prerequisite of domestic violence nor for securing a restraining order. Intimidating, threatening, or harassing a family or household member is enough to constitute domestic violence under California state laws.
These are only a few examples of domestic violence that might take place in the Sacramento area. If you or a loved one has suffered any of these types of domestic violence, speak to a Sacramento family law attorney as soon as possible to arrange legal protection.
How Do Restraining Orders Work?
When you begin the process of escaping domestic violence, one of the first things you can do to protect yourself and your family is to procure a restraining order. Restraining orders, often called protective orders, are legal orders that prevent a specific individual from contacting or coming into close physical proximity of the person who applied for the order. For example, suppose one spouse abused the other, and the victim secured a restraining order against the abusive spouse. In that case, the abusive spouse may not be able to return to their home or come within a specified proximity of the victim for the period specified by the order. Sacramento restraining order attorneys can help you to draw out the details of the order and ensure that the document is legally binding, effective, and will hold up in court.
Do I Need to Divorce an Abusive Spouse to Get a Restraining Order?
It is not necessary to finalize a divorce
before obtaining a restraining order against an abusive spouse. The divorce process can be extremely long, and in cases of domestic violence, it is not safe or healthy for a victim to be asked to wait for protection. For this reason, many restraining orders in the Sacramento area are granted temporarily and provide the order’s subjects with a hearing date. The individual restricted by the restraining order must abide by the terms of the order until this hearing; otherwise, they risk significant penalties. California state law takes restraining order violations very seriously, so failing to adhere to the terms of a restraining order, temporary or otherwise, can lead to severe consequences. During your hearing, a judge may grant you a more permanent restraining order against the individual, which can protect you for years to come. It’s important to remember that you don’t need to wait for divorce or a hearing to obtain protection and that you can do so temporarily to protect yourself immediately.
Attorney for Sacramento Restraining Orders
It may seem intimidating, but it’s important that you hire an attorney to help you with your restraining orders. The system can be complicated and can be especially overwhelming when you are recovering from the trauma of assault or violence. When you hire an attorney for a Sacramento restraining order, they can help you to draw up the necessary paperwork, serve that paperwork to the proper individual, and help you determine your next steps. Trying to navigate these steps alone is not a good idea, as legal contracts and processes can be complicated. By hiring an experienced lawyer, you ensure that you are properly protected and can rest easy.
Hire Your Legal Representative Now
Domestic violence victims must act as soon as possible when they have suffered any type of harm from a spouse, family member, or other household member. The longer the victim waits to seek legal help, the greater the chance for the abuse to continue. In some cases, courts will see hesitation to act as a sign that the abuse is not legitimate or that you are lying. For these reasons, you must act immediately. An experienced Sacramento family law attorney can help a client secure a temporary restraining order very quickly. Most judges will grant a requested order right away to ensure the victim’s safety. The hearing will allow the judge to clarify the situation further and issue a restraining order for a longer applicable term, if necessary.
Steps to Safety
If you, your child, or another member of your family or household have suffered from domestic violence, contact the police if necessary and reach out to an experienced Sacramento family law attorney to start the process of securing your restraining order. If there is any police report on file related to your domestic violence issue, this can further expedite the process. It can provide additional leverage in future divorce proceedings or even a criminal case against your abuser. At the Ewing Law Group, PC, we believe in protecting our clients in any way we can, including obtaining restraining orders on their behalf.
Why Hire the Ewing Law Group, PC?
If you have suffered any form of domestic violence, you need a Sacramento family law attorney who can help you determine your best legal options and secure the protection you need to live in peace. At the Ewing Law Group, PC, we are firmly committed to protecting our clients however we possibly can and handling their legal matters on their behalf. We know that domestic violence can be a truly frightening and damaging experience for anyone and will work swiftly to secure the restraining order you need to keep you safe from an abuser.
When you hire a Sacramento family law lawyer from the Ewing Law Group, PC to represent you in a domestic violence case, you can rest assured that you will have the full range of our firm’s skills, experience, and resources at your disposal. We combine decades of experience in the field with family values and a standout work ethic to provide responsive and compassionate legal counsel. That means we are available in a timely manner when you need to speak with your attorney or ask questions about your case proceedings. In a domestic violence or restraining order situation, time is of the essence. We will take the time to get to know you and your case to provide the best legal counsel possible. When you work with the Ewing Law Group, PC, you can be assured that our team will thoroughly explore all legal protections that might help in your situation.Contact the Ewing Law Group, PC today
and schedule a meeting with an experienced and compassionate Sacramento family law lawyer to secure the restraining orders and other legal protections you need to live in peace and safety.