Carlsbad Domestic Violence Attorney
Protecting Victims of Domestic Abuse in Southern California
Domestic violence is a far too common situation that no one should have to go through.
Accusations of domestic violence are taken seriously by California courts, which will work diligently to protect the victim and punish the accused perpetrator.
If the alleged victim is a spouse, cohabitant, parent, dating partner, or fiancé, California law is serious about using the full power of the law to protect them by issuing a restraining order or even convicting the abuser to jail.
Beringer Law Firm can fight to protect you during this stressful and emotional time. Call (760) 546-9900 to speak with a Carlsbad family law attorney at about your options. We serve clients throughout San Diego County.
What Qualifies as Domestic Violence?
Domestic violence is the abuse of an intimate partner. In family law situations, domestic violence can prevent one parent from obtaining custody of their child or even increase the amount of alimony a partner must pay.
Acts of domestic violence can include:
- Child abuse
- Child endangerment
- Child neglect
- Elder abuse
If you believe you are the victim of domestic violence, our family lawyers at Beringer Law Firm are primarily concerned with your safety and well-being.
We can help you obtain an emergency protective order, a temporary restraining order, or a permanent restraining order before we even begin the legal process.
How Are Domestic Violence Cases Handled in California?
Domestic violence cases can be confusing because they can take place in three different court systems. In California, some domestic violence cases are handled in criminal court, some are handled in family court, and others are handled in juvenile court.
Sometimes, the cases span more than one court, can last up to five years, and can be renewed to keep you safe.
If you call 911 due to an incident of abuse, the police will come to your house.
The police may choose to arrest the abusive person or open an investigation. You can ask the police for an Emergency Protective Order (EPO), which can last for up to 7 days and keep the abusive person away from you and your children.
If the abusive person lives with you or is the parent of your children, the EPO will force them to move out and/or suspend their rights to physical and legal custody.
After the District Attorney (DA) receives the police report, they can decide whether to press or drop charges.
If the DA presses charges, the case will continue in criminal court. While the case is in criminal court, the judge may issue a Criminal Protective Order to make sure the abusive person stays away from you and your children.
If the DA does not press charges, you may still want to protect yourself and your family. Fortunately, the family law court can help.
Family Law Court
Section 6203 of the California Family Code deals with domestic violence.
With these laws, you can get a domestic violence restraining order against your spouse or domestic partner, your ex-spouse, the parent of your children, a family member, or anyone else you have a “close relationship” with.
You can get a Temporary Restraining Order (TRO) that lasts between 20 and 25 days while you wait for a court hearing or a “permanent” restraining order, which lasts for 5 years and can be renewed to keep you safe.
The term, “domestic violence,” also applies to child abuse.
If there are allegations of child abuse within your home, the county Child Protective Services (CPS) agency may become involved in your case, and your case may be handled in juvenile dependency court. Similarly, if a child breaks the law or is “beyond parental control,” domestic violence incidents may be handled in juvenile delinquency court.
No matter what you are facing, Beringer Law Firm can help.
As a State Bar of California Certified Family Law Specialist, Attorney Samin Vali Beringer can help you get a restraining order in the family law courts and/or file for divorce to get away from an abusive spouse.
Our team can also help you protect your children by helping you get sole legal and physical custody.
Trusted Legal Representation
Accusations of domestic violence are serious.
A seasoned and reliable attorney can help you with your case. We utilize our network of resources and connections to advocate for a defense and to protect your rights under the law.
When you need strong advocacy, our team can be there for you.