San Diego Domestic Violence Defense Lawyer and Attorney
Domestic violence is an act of physical violence in the home. Domestic violence is usually perpetrated by the woman’s partner but a woman can also be charged with domestic violence against her partner. Spousal abuse, assault, battery, threatening phone calls, stalking and intentional interference of communication are all domestic violence offenses in San Diego.
Domestic abuse is one of the most misunderstood crimes in 21st century America. Part of the confusion that stems from this situation is the definition of spousal abuse varies from municipality to municipality, and even from person to person. What one person might consider justified may to another appear to be severely abusive and potentially dangerous.
Common questions on domestic violence restraining orders in San Diego, Ca.
This page was written to provide some basic information on how a domestic violence restraining order works, and how to go about getting one in San Diego county.
Q. What is a domestic violence restraining order?
A. It is a written court order document that helps protect people from either physical or emotional abuse.
Q. How can I get a restraining order started in San Diego County?
A. You can ask a San Diego, California court for a restraining order if the following applies.
– A person has abused you, and
– You have a close relationship with that person including: Married or registered domestic partners, divorced, separated, dating or used to date, you live together or used to live together, or you are related family member such as parent, child, brother, sister, grandmother, grandfather, in-law.
The law doesn’t work for roommates; you have to be more involved than just roommates.
Q. What if I don’t qualify for a restraining order?
A. If you don’t qualify, there are other kinds of orders you can apply for:
– Civil harassment orders: These can be used for neighbors, roommates, and co-workers.
– Dependent adult or elder abuse restraining order.
Q. Once I apply for a domestic violence restraining order how soon can I get the order?
A. Most judges in San Diego county will decide whether or not to issue the order by the next business day.
Q. How will a restraining order help me?
A. It can order the restrained person to:
– Not contact or go near you, your children, other relatives, or others who live with you
– Not have a gun
– Move out of your house
– Follow child custody and visitation orders
– Pay child support
– Pay spousal or partner support
Q. How long does the order last?
A. The first restraining order is called a “temporary” and the order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 5 years. Child custody orders have different end dates and usually last until the child turns 18.
Q. How much does it cost to get a restraining order?
A. There is no cost for any type of restraining order.
Q. I’m a green card holding immigrant, can I get a restraining order?
A. Yes , you can still get a restraining order. If you are worried about deportation, talk to an immigration lawyer.
Q. Do I have to go to court?
A. Yes. Go to court on the date the clerk gives you. If you do not, your order will end.
Q. Do I need a lawyer to get a restraining order?
A. No. But it is a good idea, especially if you have children, contact us today for a free case review..
Your rights and hiring a domestic violence lawyer in San Diego.
Unfortunately, the harsh truth is that most people accused of domestic violence often find themselves without a proper understanding of their rights, and what they can do to get the help they need. A small bit of legal advice can make an enormous difference throughout domestic violence proceedings, and our dedicated and experienced domestic violence lawyers can help you resolve your case with the discretion and sensitivity it deserves.
It is very important to keep in mind that once a domestic violence call has been made in San Diego, the local authorities will continue with prosecution with or without the help of the battered person. San Diego law enforcement will still press charges regardless if there are witnesses or if there has been reconciliation between the partners.
Caifornia Domestic Violence Laws have been updated in 2001 to increase protection to not only between two married people, but also to former spouses and cohabitants (Penal Code §243(e) and 273.5)
If you have been charged with domestic violence in San Diego and need a San Diego domestic violence lawyer , please contact Steigerwalt Law Firm today!