Chino Hills Domestic Violence Lawyer

Chino Hills Domestic Violence Attorney

There are thousands of domestic violence cases in California each year, and when a defendant faces charges that become convictions, the consequences can range from fines to prison. It is important that anyone involved in a domestic violence case speak to a Chino Hills domestic violence lawyer to get invaluable legal advice regarding their case.

The Edgar & Dow provide legal services for domestic violence cases within the realms of family law and juvenile law. The main priority of every Chino Hills family law attorney in our practice is protecting our client’s rights and contributing to the well-being of their families.

We understand the stress and danger that accompanies domestic violence cases and can assist you in answering your questions regarding criminal charges of domestic violence, domestic restraining orders, and other related areas of family law.

What Is a Domestic Restraining Order?

A California domestic violence restraining order can be filed against someone a victim had an intimate relationship with or dated, including a domestic partner or spouse. Restraining orders in Chino Hills can also be filed against relatives who are a parent, grandparent, sibling, or child, as well as in-laws of the victim.

A restricted person can face serious consequences if they don’t obey the orders against them. Some potential actions a restrained person may be prohibited from doing are listed below.

  • They may not be able to do certain things, participate in certain activities, or go to certain places. For instance, they may not be able to attend church events where the protected person attends church, even if they also attend that church.
  • They may have to relocate out of their home if they live with the protected individual.
  • They may not be able to see their children.
  • They generally are not allowed to own a gun. Any existing guns owned must be returned to the store, sold, turned in, or stored until the order is no longer in effect. They also may not purchase any guns while restrained.
  • Their immigration status may be affected if they are applying for a visa or green card.

Who Can Ask for a Restraining Order?

If someone has abused you that you have had a relationship with, such as a spouse, whether in a marriage or domestic partnership, divorced, separated, dating, used to date, have a child with, live with, or used to live with, in a situation that is or was more than just roommates, or someone whom you are closely related has abused you, you can request a domestic violence restraining order.

Grounds for Domestic and Temporary Restraining Orders

The protected person, or victim of domestic violence, can request to stop the specific criminal domestic violence acts. Behaviors that a restrained individual can be ordered to stop by means of a personal conduct order include the following:

  • Stalking, Harassing, or Threatening
  • Attacking, Striking, or Battering
  • Sexually Assaulting
  • Disturbing the Peace of Protected Individuals
  • Destroying Personal Property
  • Contacting, Calling, Sending Messages (including on social media, via email, on voice mail, or through the postal mail)

Types of Domestic Restraining Orders

There are three types of domestic restraining orders that can be issued by a CA family court to a party. They are stay-away orders, personal conduct orders, or move-out orders. Once ordered, the party must refrain from doing the acts set forth in the court order. If any of the named acts described are violated, it is a valid basis for the arrest of the restrained individual, as well as potential misdemeanor charges and/or fines.

A restrained person can also be ordered to keep a certain distance from a protected person via a stay-away order. This order names a restrained person to keep a specific distance, such as 50 or 100 yards away from the protected person, as well as their:

  • Home
  • Work
  • Child’s school or childcare
  • Vehicle
  • Other important places they frequent

A move-out order, also called a residence exclusion order, orders the restrained individual to relocate out of the home of the protected individual, taking only their personal belongings and clothing until a court hearing is held. These orders are only granted for domestic violence cases.

Domestic Abuse FAQs

Q: How Are Domestic Violence Cases Handled in California?

A: Domestic violence cases are dealt with in both California’s criminal court system and others are through family court or juvenile court, depending on the details of the situation.

Q: What Is the VAWA Law in California?

A: The Violence Against Women Act (VAWA) is a federal law that protects people applying to live in subsidized federal housing who are victims of domestic violence, sexual assault, dating violence, or stalking. These individuals are protected from being denied housing, evicted from housing, terminated from assistance programs for eviction, criminal, or bad credit history, and are transferable with assistance moving if there are safety concerns.

Q: How Long Do Most Domestic Violence Cases Last?

A: Depending on the details of the situation, a domestic violence case in California can last up to one year or longer, though many cases are finalized much sooner than that. Talking to an experienced abuse lawyer can help you estimate the length your case will take.

Q: What Happens in a Domestic Violence Case in California?

A: In a domestic violence case, an abuser is charged according to the details of the case. Domestic violence convictions can result in fines, court-ordered counseling such as anger management or drug and alcohol treatment, community service, probation, imprisonment, or a sentence that requires more than one of these consequences.

Getting Legal Help from a Chino Hills Domestic Violence Lawyer

The Edgar & Dow have extensive experience helping individuals involved in domestic violence cases. We are a highly-rated Chino Hills domestic violence law firm and can offer a consultation to discuss your case and offer legal advice. Should you choose to have us represent you, we are well-versed in California family law and can provide the legal services necessary to get you through to the end of your case.

Contact the Edgar & Dow to learn more about our services and how we can help with your domestic violence and family law issues.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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