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. Statistics let us know 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 idea. It is best not go to your parent’s house or any other location your domestic abuser is likely to go looking for you. If possible and if you have time to plan ahead, make sure you save some backup cash and 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 more cool, confident footing.
Please call us for any immediate advice you might need.
Once you get yourself in a safe situation, California law provides measures that can keep you and your family safe. If you are facing allegations of domestic violence you are also afforded rights. The family law offices of Charles M. Green, APLC specializes in California domestic violence cases and restraining orders (DVTRO). Our highly experienced attorney have successfully guided hundreds of clients through a variety of challenging domestic violence scenarios.
It is imperative to hire an experienced Los Angeles Family Law attorney who is also a Certified California Family Law Specialist and that will ensure that you have all the protections and best legal representation possible.
Domestic violence is abuse that occurs in the home, usually between family members, spouses, or partners. Legal representation in these circumstances is important, but if you are in an emergency situation, the first thing to do is call the police. Your safety is the top priority. When the police arrive and you have been removed from immediate danger, you can request an emergency restraining order from the officer on-scene.
A restraining order from a specialized attorney:
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.
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 will go to court and 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.
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.
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.