Domestic Violence

Protecting the Safety & Reputation of Our Clients

No one deserves to be the victim of domestic violence. Just as significant, no one deserves to have false claims of domestic violence made against them by an opposing party seeking a litigation advantage. We have significant experience handling both types of claims and are passionate protectors of the rights of the men and women we represent.

Understanding Domestic Violence

In layman's terms, domestic violence occurs when one spouse experiences actual physical abuse, threats of immediate physical abuse, or severe psychological abusive behavior by the other spouse. When such spousal abuse occurs, even accidentally, in the presence of a child, it is also deemed domestic violence to the child. Family law courts provide remedies for victims of domestic violence including spouses, children, and other family members or persons who currently are or formerly were dating or cohabitating with the accused abuser.

Restraining Orders

Obtaining a restraining order can be a remedy to domestic violence. These orders can prohibit a perpetrator from coming within 100 yards of a protected party and his/her work place, house, and other family members. It precludes the perpetrator from having possession of any firearms and may preclude direct and indirect communication and stalking. A domestic violence restraining order may provide exclusive use of a home to the victim for an extended period of time, even in cases where the victim would otherwise not be entitled to keep the property in the long-term.

A person who is found to have committed domestic violence is presumed by the law to not be entitled to physical custody of the child/children, and to not be entitled to spousal support. However, this can be rebutted with evidence. A finding of domestic violence goes on the perpetrator's public record, and thus can impair or preclude their ability to obtain certain types of work, or impair or prevent participation in certain activities, such as coaching minors in extracurricular sports.

What Types of Restraining Orders Are Available?

• Emergency Protective Orders (EPO): These are restraining orders issued by the police on behalf of the victim at the time the incident is reported. Generally, these only last a few days to provide the victim with enough time to go to court to seek a Temporary Restraining Order.
• Temporary Restraining Order (TRO): These protective orders are obtained by seeking relief from the court. They generally last for a period of 15 days or until the time of the hearing for the Permanent Restraining Order, whichever is later. In cases where a risk of bodily harm notice is given, a temporary restraining order can be obtained without providing initial notice to the offending party. That party will have the opportunity to present his/her case at the next hearing.
• Permanent Restraining Order (PRO): These orders are not really permanent. They can be issued to last up to 5 years but can be renewed near the time of expiration upon proper grounds. At the hearing, both sides will have the opportunity to testify, call other witnesses to testify, and present documentary evidence to the court.

What if My Case Involves Some Other Type of Restraining Order?

Domestic Violence Restraining orders apply to various domestic relationships, not just between married parties. People with existing or former dating relationships, and people closely related by blood are included. Other types of restraining orders can be obtained. We handle those as well for other types of relationships. These include Civil Harassment Restraining Orders and Workplace Restraining Orders.

Some people mistakenly choose to ignore a notice of a request for restraining orders issued against them. Do not do this! Requests for restraining orders can have severe ramifications, including irreparably damaging your personal and business reputation, giving a litigation advantage to the opposing party, and making your particularly vulnerable to future harassment by the opposing party by setting you up to be arrested.

If you have been served with an Emergency Protective Order, the District Attorney may elect to prosecute you in criminal court. Thus, you may end up needing to defend yourself in two courts: the criminal court, against the D.A., and the family law court against the alleged victim. Your defense in both arenas needs to be coordinated to be most effective possible, and to avoid waiving your rights. We frequently work with top-rated criminal defense attorneys to coordinate the defense of our clients in family law and criminal court.

You need an attorney who has deep knowledge of the intricacies of the law and how to prepare and present a strong case within days or hours. We prosecute domestic violence restraining orders frequently and can often obtain a temporary restringing order the same day.