Your L.A. Domestic Violence Attorney

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.

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

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.

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.

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 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.

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.

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.