Victims of domestic violence can have a difficult time leaving their abuser or stopping the abuse. An abuser controls the victim through emotional and physical abuse. Domestic violence can be a dangerous situation for an individual who attempts to leave the relationship.
Domestic violence lawyers in Temecula can help a victim gain an additional layer of protection to end the abuse. California has three types of domestic abuse that include aggravated domestic battery, corporal injury to a spouse or cohabitant, and domestic battery. Domestic battery is the least serious charge.
Filing for a Domestic Violence Restraining Order (DVRO)
* A victim can file for a DVRO if their children or they have been a victim of domestic violence from:
* A spouse or former spouse.
* A date or someone they used to date.
* Anyone related by blood, marriage or adoption.
* Anyone who lives or lived in the same home.
Civil Versus Criminal
An abuser does not have to be arrested in order for a victim to file for a DVRO. Even if some time has passed between the last incident and the filing, the judge will consider the seriousness of the offense. A victim can file the papers with the court, and a hearing will be held. If the judge believes an individual has been a victim of domestic violence, the abuser will be served papers to appear in court for a full hearing.
How Does a Domestic Violence Restraining Order Stop Abuse?
If the judge believes that an individual has been a victim of domestic violence, they can order the abuser to be removed from the same home the two individuals share. The judge can also award temporary custody of the children and child support. The abuser will be prohibited from contacting or being near the victim.
A victim needs to hire domestic violence lawyers in Temecula to present their evidence to the court at the final hearing. Also, an individual who has been served a domestic violence order should contact an attorney to begin building a defense.
The Law Office of Michelle Penna can help a victim of domestic violence or defend an individual who has been accused of abuse. For more information, please feel free to visit the website.
