Family Law Restraining Orders
Acts, threats, and allegations of domestic violence are taken very seriously within the California Courts, and the Courts have been granted wide discretion under the law when it comes to issuing or dissolving domestic violence restraining orders. If you are currently the victim of abuse or have been falsely accused by your significant other, you will need to have an experienced advocate by your side to help with your case. Domestic violence restraining orders are often “he said, she said” scenarios, but if independent evidence exists to support your case, it could make all the difference.
Domestic violence restraining order hearings are similar to criminal trials except there are no juries; only a judge. The Court may issue permanent restraining orders for up to five years – which, needless to say, could affect your life significantly.
Civil restraining orders may be issued in harassment cases between neighbors, co-workers, or other persons who interact but who are not related to each other. These cases may be more difficult to prove because a “clear and convincing” standard of proof is applied as opposed to a “likely than not” standard used in domestic violence cases. Elder abuse restraining orders are available in cases involving senior citizens.
At the Law Office of Derek J. King, we can help you if you are facing a difficult time. After your initial free consultation, Mr. will prepare and submit the proper forms to the Court, then set your matter for trial within a few short weeks. He may also be available if you already have a court date set and need to retain an attorney on short notice.
Criminal Domestic Violence Charges
In the California criminal courts, domestic violence charges are usually filed under Penal Code section 243(e)(1) as domestic battery, or under Penal Code section 273.5, domestic battery with physical injury to the victim. Stalking charges may be filed under Penal Code section 646.9 if the prosecuting office asserts that there was a “course of conduct” whereby the person “made a credible threat” with the intent to place the victim in “reasonable fear.” Violations of existing domestic violence restraining orders are also filed in criminal court and my be punished by imprisonment and fines.
Often, domestic violence restraining orders may be filed in family court while criminal charges are filed in criminal court based on the same incident. It is essential to know what your rights are and what actions need to be taken.
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