3699 Wilshire Blvd. Ste 700, Los Angeles, CA 90010 Mon-Fri 9am-6pm +1-213-387-4508
3699 Wilshire Blvd. Ste 700, Los Angeles, CA 90010 Mon-Fri 9am-6pm +1-213-387-4508

Your L.A. Domestic Violence Attorney

Domestic Violence Specialist

Domestic Violence Specialist Charles M. Green

divorce attorney | family Law Specialist

Welcome to the law offices of attorney Charles M. Green, APLC. We are a multifaceted  family law firm specializing Domestic Violence (DV) cases and restraining orders. Our principal attorney Charles M. Green is a Certified California Family Specialist certified by the California Board of Legal Specialization.  He has successfully guided hundreds of clients through a variety of challenging domestic violence scenarios.

This page will cover what Domestic Violence is and the types of scenarios it can encompass. It was also cover how to get a Restraining Order (DVTRO) should that be an option. Majority of domestic violence cases involve victims. However, if you are facing allegations of domestic violence you are also afforded rights. Whatever the scenario,  it is imperative to hire an experienced Los Angeles Family Law attorney who is also a Certified California Family Law Specialist that will ensure you have the best protections and legal representation on your side as you move forward.

 

What is Domestic Violence?

+ Definition of Domestic Violence

Under California law, domestic violence is defined as abuse or threats of abuse against an intimate partner or family member. The legal definition of domestic violence can be found in the California Family Code section 6203, which states that abuse means:

(a) Intentionally or recklessly causing or attempting to cause bodily injury.

(b) Sexual assault.

(c) Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

(d) Engaging in any behavior that has been or could be enjoined pursuant to Section 6320.

In simpler terms, domestic violence can include, but is not limited to, physical violence, sexual violence, and emotional abuse.  It can happen between spouses, former spouses, cohabitants, or people in a dating or significant relationship dynamics.

+ Types of Domestic Violence

Some examples of domestic violence include:

  • Physical abuse, such as hitting, slapping, punching, or choking
  • Sexual abuse, such as rape, forced sexual acts, or sexual degradation
  • Emotional abuse, such as constant belittling, threats, or controlling behavior
  • Financial abuse, such as withholding money or preventing the victim from working

+ Some Statistics on Domestic Violence

Here are some key statistics about domestic violence cases in California:

  1. According to the California Department of Justice, there were over 166,000 domestic violence calls to law enforcement in 2019.
  2. In 2019, there were 82,864 domestic violence incidents reported to law enforcement in California, which resulted in 77,597 arrests.
  3. Domestic violence incidents accounted for 9% of all violent crimes in California in 2019.
  4. Approximately 40% of all homicides in California are related to domestic violence.
  5. According to the California Partnership to End Domestic Violence, one in three women and one in four men will experience intimate partner violence in their lifetime.
  6. Domestic violence incidents increased during the COVID-19 pandemic, with some California law enforcement agencies reporting a 20% to 30% increase in domestic violence calls in 2020 compared to the previous year.

Safety First

Domestic violence is a serious matter. If you are in an abusive relationship your main priority is to get yourself (and your children) to safety.

 

Domestic Violence Lawyers

Statistics show that the most potentially dangerous time for victims of domestic abuse is during the immediate window of time when they leave the abusive relationship. Finding a safe living situation somewhere that your abusive spouse wouldn’t look for you is ideal. It is best not to go to your parent’s house or any other location your domestic abuser is likely to go looking for you. If possible, and you have time to plan ahead, make sure you save some backup cash, gather credit cards, and any important financial or legal documents that you may need to protect yourself physically and financially.

If you are not afforded time to plan and must leave home quickly with your children, go to court as soon as possible for an emergency order to get custody. This is a way to legally and physically protect you and your children should your abuser try to accuse you of kidnapping.

Getting a temporary restraining order (DVTRO) is usually the first point of order. Please keep in mind though, that TRO’s can be disobeyed. Disobeying a domestic violence restraining order will likely result in fining or incarceration but it does not guarantee your safety.

Please use your best judgment to protect yourself, your children, and your important possessions until your situation is on a safer and confident footing. Feel free to call us for any immediate safety guidance or agencies you might need.

What is a Temporary Restraining Order?

(TRO)

+ Definition of a TRO

In California Family Law, a Temporary Restraining Order (TRO) is a court order that provides immediate legal protection for victims of domestic violence. A TRO is issued by a judge and is intended to last for a limited period of time until a hearing can be held to determine if a longer-term restraining order is necessary.

A TRO can require the abuser to stop all contact with the victim and to stay a certain distance away from the victim, the victim’s home, and other places where the victim is likely to be found. It can also prohibit the abuser from owning, possessing, or purchasing firearms. The TRO can be issued ex parte, which means the judge can grant the order without giving prior notice to the abuser.

+ How to Obtain a Restraining Order

In order to obtain a TRO in California, the victim must show that they have suffered abuse from a family member or someone they have had an intimate relationship with. The victim can file a request for a TRO at the courthouse, and if granted, it will be effective immediately. A hearing will be scheduled within 21 days to determine whether a longer-term restraining order is necessary.

A TRO is an important tool for protecting victims of domestic violence and ensuring their safety. If you or someone you know is a victim of domestic violence, it’s important to seek legal help from a qualified attorney to understand your legal options and protections available.

+ Temporary vs. Permanent Restraining Orders

Temporary Restraining Orders vs. Permanent

As a Los Angeles domestic violence attorney experienced in domestic violence cases, Mr. Green can help you get a longer-term restraining order. Depending on your situation, he can establish either a temporary restraining order or permanent restraining order without prior notice to the other party.

If the restraining order is temporary, it will last somewhere between 20 and 25 days. Next, there will be a hearing to decide whether the court will grant a permanent restraining order. Mr. Green will represent you in this matter and will prepare you for what to expect in your case. If the judge rules in your favor, he / she will provide a permanent order.

It is important to note that even “permanent” restraining orders may be limited in duration (typically three years). At the end of that period, Mr. Green can help you request a new order so that protection will continue.

+ How a Restraining Order Helps

Reminder that if you are in an domestic violence emergency situation, the first thing to do is call the police. Your safety is the top priority. If and when the police arrive and you are safe from any potential danger, you can request an emergency restraining order from the officer on-scene.

A restraining order from a specialized attorney:

  • Prevents the other party from contacting or coming near you and your family.
  • Keeps the other party from coming to your home, work, or children’s schools.
  • Limits that person in other ways.

If the other party violates the restraining order, you can call the police and have him / her arrested. An emergency order may be issued at any time and will usually remain in effect for several days. During this period, you should seek Charles M. Green’s advice.

 

+ Responding to Allegations of Domestic Violence

In the context of family law—particularly child custody disputes—it is all too common for one party to take out a restraining order against the other as a way of gaining an advantage. The Law Offices of Charles M. Green can protect you from this type of legal tactic. If you have a restraining order taken out against you and you are involved in a child custody dispute, it is essential that you secure your rights. Our practice can help you avoid court decisions based on unfair allegations.

Summary

    • Safety is your first priority. Once that is secured then you should contact as soon as possible. However, you may call us if you need time sensitive direction or guidance.

 

    • As noted in the “Safety First” section above, try to plan ahead before you break away from any abusive situation. Save some money aside, collect any important documents you may need for legal purposes, and DO NOT go to anyone’s house the abuser would suspect you to be at.

 

    • A Temporary Restraining Order can create safe space for you. However, remember that it is still wise to err on the side of caution if you’re dealing with a volatile situation.

 

    • A Permanent Restraining Order (PRO) may be issued if there is merit. We have been successful in getting our clients a PRO when they needed it.

 

  • Charles M. Green is a certified Specialist in Family Law and Domestic Violence cases. He is beyond capable of protecting you, your rights, and your assets under California Law.

 

Know Your Options for Your Domestic Violence Case

If you are unsure about your options, have questions about domestic violence issues, divorce,  or are facing a restraining order, we encourage you to get in touch with our practice. We will provide you with the information and guidance you need to keep yourself and your family safe.