Domestic Violence

Orange County Domestic Violence Attorneys: Experience You Can Trust

Domestic violence leaves a deep and lasting impact and can affect everything in your life. At Minyard Morris , we understand the complexities and sensitivities of such situations. Our firm, based in Newport Beach, focuses solely on family law and divorce cases. We believe that no matter how difficult a family law situation is, physical harm or verbal abuse is never the answer, and our team of Orange County domestic violence lawyers is here to help you.

We have the experience to help you navigate an Orange County domestic violence situation and help you sort through the effects domestic violence or a domestic violence incident can have on your divorce and child custody matters.

Our firm’s attorneys take a collaborative approach to their caseload. This ensures that we maximize our collective experience for every one of our clients. Our lawyers prioritize clear communication and hold themselves to the highest levels of integrity and professionalism. In the midst of a domestic violence situation, our domestic violence lawyers will guide you through the legal system and work to protect your rights and interests.

Defining Domestic Violence: What Is Domestic Abuse In California?

Domestic violence is a pattern of behavior used by one person to gain power and control over another in a relationship. It can include actual abuse or threats of abuse between persons who have been in an intimate relationship or people who are related by blood. The specific relationships involved in domestic violence cases can include:

• A current or former spouse.
• An intimate partner.
• A cohabitant in the home.
• A former cohabitant of the house.
• An individual who shares a child with the victim.
• Family members such as siblings or parents.
• An individual who is dating the alleged abuser.

Domestic violence can take many forms, each equally harmful and distressing. It’s important to recognize the different types of abuse that might be affecting you or someone you know:

• Physical abuse: Hitting, slapping, shoving or any other form of physical harm
• Emotional abuse: Insults, threats, humiliation or any behavior that undermines your self-esteem
• Sexual abuse: Any nonconsensual sexual contact or behavior
• Financial abuse: Controlling your access to money or resources or preventing you from working

California has enacted the Domestic Violence Prevention Act (DVPA) to protect victims and provide legal remedies. This law offers protection and support for those facing abuse, helping to ensure their safety and well-being. Family law courts have the authority to issue restraining orders to help prohibit abusive behaviors and conduct.

Minyard Morris: Protecting You in a Domestic Violence Situation

At Minyard Morris, we understand how frightening an abusive home situation can be, especially when you find yourself in the midst of a family law matter, such as a divorce or child custody battle. When you work with our team, you aren’t simply getting a single attorney to assist you; you get the collective knowledge and experience of our team. This allows us to offer you the most robust services available and deliver your desired results.

We have countless years of experience serving clients in domestic violence situations and are ready to serve you. As your lawyers, we can advocate for you and your loved ones and work to protect you from the abuse you have been subject to in the past. We can work to educate you on your legal options, develop a strategy tailored to your unique situation to hold your abuser accountable for their actions, and ultimately guide you through the legal process involved.

Victims of domestic violence deserve legal counsel and representation to help them manage the difficult task of securing personal protective orders that can allow them to feel a sense of safety once again. At Minyard Morris, we are here to offer honest advice on your domestic violence situation and guide you through the potential impacts these allegations may have on other family law matters. Whatever your case may entail, we are here to offer robust and fierce advocacy.

The sooner you arrange to meet with our team of Orange County domestic violence lawyers, the sooner we can work toward protecting the lives of you and your loved ones and advocating for your case.

Understanding The Types Of Restraining Orders In California

For someone who is experiencing domestic violence, there are different types of restraining orders that are available in California:

• Emergency protective order (EPO): Issued by law enforcement, this order provides immediate protection and lasts for up to seven days.
• Temporary restraining order (TRO): A judge issues this order to offer protection until a full court hearing can take place. It typically lasts 20-25 days.
• Permanent restraining order: After a court hearing, this order can provide long-term protection, lasting up to five years.

Our attorneys understand the emotional and unique issues that come with domestic violence, especially in the context of divorce. We provide compassionate guidance to help you navigate these challenging times.

What Happens When a Restraining Order is Obtained

Domestic violence is typically a crime committed to gain power and control over another individual and is often a tactic used in family law matters to intimidate or cause one individual to give into the desires of another. The person in the family relationship suffering the alleged abuse can lose their sense of self-worth, safety, and independence and may find that they are worried about leaving the relationship as this might only cause the abuser to retaliate.

In these situations, filing for a restraining order or a personal protective order is a wise choice. Your attorneys from Minyard Morris can assist you in filling out the correct paperwork and aggressively representing your interests before the courts so that this restraining order may be obtained and you and your family can be protected from your abuser. Once this order is issued, the individual perpetrating the domestic violence must take the following actions:

• Stay away from the victims.
• Have no form of contact with the victims, introducing communication through phone calls, texts, letters, emails, etc.
• If the victim and the abuser share children, they cannot pick these children up from their place of education.
• The abuser must turn over all owned firearms to law enforcement personnel.
• If the abuser violates this court-issued non-contact order, they could find themselves facing criminal charges and penalties such as imprisonment.

Allegations Of Domestic Violence During A California Divorce Proceeding

Domestic violence actions may be filed in the Orange County family law court as part of an ongoing family law case. Any action for domestic violence could impact other parts of your family law case, including:

• Child custody
• Child support
• Spousal support
• Attorney fees

Domestic violence does not necessarily involve harm through physical means and can include other forms of abuse, like emotional and sexual abuse. There is a lower threshold for a finding of domestic violence in family courts than in criminal courts.

Every case and scenario is unique. It is understandable that you might have a lot of questions if you are navigating a domestic violence situation. Our domestic violence lawyers are available to answer questions and address any of the unique issues that may arise in your specific case, within your divorce, paternity action or as part of any other family law matter.

Impacts of Domestic Violence on Family Law Matters

It is of paramount importance that you understand how domestic violence can impact a matter of family law, especially that of child custody. In California, if a parent seeking custody of a child is found by the courts to have perpetrated actions of domestic violence against the other parent or a child, there is a very good chance that the abusive parent will not win custody of their child as the courts would deem this against the best interests of that child.

Instead, the other parent would most likely be awarded sole custody. Likewise, if there is a restraining order in place against one of the parents, the courts may take this order into account when making determinations of visitation rights. In many cases, the restrained parent will be prevented from seeing their children during the course of the protective order or will be restricted to only supervised visitation with their children.

In the simplest of terms, if you are facing a divorce or child custody battle in Orange County and are additionally facing allegations of domestic violence, a successful conviction or personal protective order can directly impact your chances of child custody or visitation rights.

How to Prepare to Leave a Domestic Violence Situation

If you are suffering from a violent family relationship, it can be frightening to think about leaving it. You might be concerned about the safety of any involved children or worried that the abuser might retaliate against you and your loved ones should you try to leave the situation. Leaving a relationship of domestic violence can actually be dangerous, and it is vital to create a plan that allows you and any children to leave the relationship in a safe manner.

At Minyard Morris, we care about the safety of you and your loved ones and are here to guide you through creating a plan that can allow you to leave your abusive situation in a way that protects all involved. We can counsel you on certain actions to take that might help you leave your relationship in a safe way, including:

• Opening a bank account in only your name or leaving money with a trusted friend or family member. You may also want to gather and hide certain documents of importance that can allow you to have the resources needed to leave the relationship.
• Gathering contact information and locations of local domestic violence shelters or other safe spaces to stay in while you work to get back on your feet or file for a restraining order.
• Protecting your new refuge and place of safety with locked doors or locked windows to block access into your home should your abuser seek to enter it. It is vital that you do not share your new location with anyone who might, even accidentally, share this information with your abuser.

At Minyard Morris, we know that these are truly terrifying times, especially if you are currently going through a case of family law. You might worry that leaving the abusive relationship will hurt your chances for child custody or support. This is a valid concern and another reason why having an attorney on your side to guide you through the process is so essential. Our team of fierce advocates is here to fight for you and help you get to a place of safety.

Let us handle the legalities of your family law case and work to obtain a restraining order against your abuser while you focus on rebuilding your life and prioritizing your own health and well-being.

How Long Can a Domestic Violence Case Last?

Domestic violence cases in California have the potential to drag on for long periods of time. They may only take a few months to become finalized, but in some extreme situations, it may take up to several years.

The length of time that it takes to finalize your domestic violence case will ultimately depend on the unique circumstances and nuances involved in the case. Certain factors, such as the availability of evidence, can also impact the timeline of a domestic violence case.

Time frames for these legal proceedings may also depend on the cooperation of the involved parties, such as the defense, prosecution, and any potential witnesses. For these reasons, it can prove vital to hire an attorney to assist you through a domestic violence case, as they can work to gather evidence to support your side of the story and enter into constructive negotiations with the opposite side in hopes of moving the process along smoothly and quickly in a favorable way.

FAQs

Q: What Is the California Statute of Limitations on Domestic Violence Cases?

A: In California, recent changes have been made in the state legislature that allow the statute of limitations on domestic violence cases to stand at five years. This means a victim of domestic violence has five years to bring forth their allegations, which will allow these individuals to move to a place of safety before the abuse gets worse due to retaliation. The five-year time limit allows victims more time to get support before filing charges.

Q: What Are Some Common Defenses in a Domestic Violence Case in California?

A: There are several defenses that might be used to argue against domestic violence allegations in California. These defenses can include acting in self-defense or in the defense of others, claiming that the allegations brought against the abuser are false, the injuries of the victim are accidental, or that the alleged victim consented to the acts made by the perpetrator.

Q: Can I Extend an Expiring Restraining Order in California?

A: Yes, in California you can seek to extend the time frame of a restraining order by requesting the courts renew the order. To do so, you must attend a court hearing where your attorney can present evidence and explain to the presiding judge why you are still in need of the protections of the order. The restraining party also retains the right to attend this hearing if they choose to.

Q: Is a Restraining Order Issued in Another State Still Valid in California?

A: If you move from one state into the state of California, you might wonder if your restraining order is still valid. Yes, personal protective orders that meet the requirements of the federal government are valid in all 50 states. If your abuser violates the order in the state of California, however, they will be held to the penalties of California state law for the violation rather than the penalties of the jurisdiction in which the original order was issued.

Consult An Orange County Domestic Violence Lawyer

Our domestic violence lawyers are available for initial consultation appointments. Contact our firm by calling us at 949-724-1111 or by sending us a message through our website. We look forward to telling you more about how we can help you with your specific situation.