Santa Rosa Domestic Abuse Lawyer

SANTA ROSA DOMESTIC ABUSE ATTORNEY

Unfortunately, domestic abuse happens all too often, and when it does, it is beneficial to seek protection from your abuser. Domestic abuse comes in many different forms, from physical to psychological to verbal. Even among families that appear loving to the outside world, domestic violence can be prevalent. It can ruin the lives of families and be detrimental to children growing up in homes where they are exposed to it. To stop the abuse, and make it less likely that the abuser will commit violence again, it is crucial to seek help.

Luckily, there are many resources available to victims of domestic abuse in Santa Rosa, CA. Legally, these can be in the form of protective orders, criminal charges, or civil claims. First and foremost, a lawyer can help you be protected from your abuser through a restraining order. This is the most important step, as it legally puts a stop to the abuse. If you would like to pursue criminal charges, you can make a police report. This will start an investigation, and your abuser may be prosecuted. In addition, a Santa Rosa domestic abuse lawyer can help you pursue a civil claim against your abuser, which will seek to award you compensation for your suffering.

At Carroll Law Office, we understand that, in a domestic abuse case, your safety as the victim is paramount. With years of experience helping victims of domestic violence, we can help you obtain the evidence you need to get a restraining order so that you no longer have to live in fear.

Different Forms of Domestic Abuse

Domestic abuse refers to violence or threatening behavior between people in an intimate relationship. This can include romantic partners, whether they are married or not, parents and children, and other members of the family or household. Often, non-physical forms of domestic violence are overshadowed by physical abuse. While physical attacks do happen, domestic abuse can occur in several different ways. Our attorneys at Carroll Law Office take all forms of domestic abuse seriously, even if they might not be as obvious. Types of domestic abuse include the following:

• Physical Abuse: This can be inflicted in many ways, including pushing, choking, stabbing, burning, and beating the victim, among others.
• Verbal Abuse: This includes insults and verbal threats that make the victim afraid for their safety.
• Sexual Abuse: This includes any type of sexual act to which the victim did not or could not consent. This could include unwanted touching, sexual assault, or rape.
• Emotional Abuse: This type of abuse often involves humiliating, insulting, controlling, and gaslighting the victim.
• Financial Abuse: This involves controlling the victim’s finances against their will. For example, the abuser may prevent the victim from accessing their bank account or getting a job. This type of abuse will often make the victim financially dependent on the abuser, making it harder for them to leave.

Restraining Orders

In California, a Domestic Violence Restraining Order (DVRO) granted by a judge can protect a victim or victims from domestic abuse. It can also protect property, children, and pets. A temporary restraining order only lasts between 20 and 25 days. After this period, a hearing will occur for the judge to determine if a permanent restraining order should be put in place. If a judge decides that abuse has occurred and that the order is necessary, it will be effective for five years. A restraining order can have several requirements to protect you in different ways. These can include:

• The person must not contact the victim.
• The person must stay away from the victim by a certain distance.
• The person cannot stalk, threaten, or harass the victim.
• The person must not possess guns or ammunition.
• If the person lives with the victim, they must move out.
• If children are involved, there can be orders regarding child custody and child support.
• If the person is married to the victim, they can be ordered to pay spousal support.

FAQs About Santa Rosa, CA Domestic Abuse Laws

Is It Difficult to File a Restraining Order in California?

Filing a restraining order in California is relatively easy. For a temporary domestic violence restraining order, no proof is needed beyond statements confirming that abuse happened, and the order is most often put into place on the day it is filed to ensure you are protected as soon as possible. For this order to become permanent, you must appear at your hearing to give testimony and evidence of the abuse.

How Much Does It Cost to Get a Domestic Violence Restraining Order?

There is no fee for filing the papers for a domestic violence restraining order in California. A lawyer is not required to file for a restraining order. However, to better ensure your rights are protected, it is advised to hire a lawyer, especially if the other party will fight the order. A lawyer will cost money, but if you cannot afford one, there may be resources for domestic violence victims that can help.

Is There a Statute of Limitations on Domestic Violence in California?

The statute of limitations for domestic violence cases in California is five years. This means that if an individual comes forward about domestic violence within five years after it occurred, the alleged abuser can be investigated, prosecuted, and potentially charged. Speaking with an attorney can help you better understand whether your case has passed the statute of limitations.

What Proof Do You Need for a Restraining Order in California?

The proof needed for a restraining order will vary based on whether the order is temporary or permanent. Because temporary orders can be used in emergency situations, they require what is known as “reasonable proof.” This is in the form of statements that make it clear that abuse has occurred. A permanent restraining order requires a higher level of evidence, which includes testimony from those involved and written declarations. A judge will then decide based on this evidence.

A Lawyer From Carroll Law Office Can Help

At a hearing for a domestic violence restraining order, you won’t want to face your abuser alone. An attorney can help support you in presenting the evidence needed for the judge to grant the restraining order. If your abuser has a lawyer and will fight against the order, you’ll want your own lawyer to negotiate with them and ensure that you are protected. At Carroll Law Office, our Santa Rosa domestic abuse attorney takes domestic violence seriously and understands how crucial a restraining order can be for you and your family’s safety, security, and well-being. Our lawyers have extensive experience with domestic abuse cases and can ensure you don’t have to fight alone. Contact us today to learn more about how we can help you move on safely from a domestic abuse situation.