Domestic Violence Lawyers Temecula

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DOMESTIC VIOLENCE LAWYERS IN TEMECULA

If you have experienced any abuse in your home, you need to consult with a Temecula domestic violence lawyer as soon as possible. It is crucial to handle these situations as quickly as possible. Our experienced team of Temecula domestic violence attorneys at Family Law Matters will protect you from your abuser and guide you through the legal system.
break-up-phase

What Constitutes Domestic Violence In Temecula?

Tragically, a bad breakup frequently ends in violence. When this occurs, if often requires the intervention of the courts to protect the parties through a restraining order. Domestic violence can be blatant- such as one person choking or punching the other.

It can also be more subtle, such as isolating a partner and depriving them of financial control. You are probably in abusive relationship if two or more of the following things occur during arguments:
  • thrown things
  • broken things
  • punched walls
  • broken a door frame by slamming the door so hard
  • kicked things
  • followed you around the house and will not leave you alone
  • has chest bumped you
  • grabbed you by the arms
  • prevented you from leaving the house
  • blocked you from leaving a room
  • preventing you from making a phone call
  • broken into your room when it is locked
  • followed you in the car
  • kept you awake all night
  • spit on you
  • taken your car keys
  • locked you out of the house
  • grabbed you by the hair
  • slapped you
  • disabled your car
  • destroyed your sentimental property
  • isolated you from family and friend
  • punished you for having friends
  • tried to prevent you from bettering yourself
  • spied on you by going through your phone, emails, wallet or purse
  • made you feel crazy
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The Cycle Of Domestic Violence

Victims of domestic violence hang onto the potential of their partner - the person he or she is when at their best. Victims forgive - and often forget - all the hurtful things in between. Like most things in life, domestic violence comes in a cycle:

Honeymoon Phase Honeymoon Phase
Tension phase Tension phase
Explosive Phase Explosive Phase
Push Boundaries Phase Push Boundaries Phase
Break-up Phase Break-up Phase
Apology Phase Apology Phase
Make Up Phase Make Up Phase
Repeat the Cycle Repeat the Cycle
Confusion Confusion
honeymoon-phase

The Honeymoon Phase

Your partner is loving and attentive. He or she is exactly the person you know and love. He or she is the perfect partner.
Tension between distant married couple

The Tension Phase

Your partner is agitated and irritable. Nothing you do will please him or her. You feel a build up of anger and resentment in your partner.
explosive-phase

The Explosive Phase

Your partner becomes violently angry. Sometimes it even becomes physical.

The push your boundaries phase

Your partner’s anger has pushed you to the limits. You do not believe you can take any more. He or she tells you that you are crazy and everything is your fault. You know it is not true and you cannot take any more.
break-up-phase

The breakup phase

You have had enough. You cannot believe you have put up with this for so long. You decide to leave your partner and you begin plotting your exit. Maybe you even leave the house and decide never to go back.
apology-phase

The apology phase

Your partner tracks you down and apologizes. Your partner tells you he or she is sorry, but it is your fault. If only you had done X, Y, or Z better, your partner would not have exploded. You believe the story.
makeup-phase

The make up phase

You decide to give your spouse just one more chance. Perhaps you were too hard on your partner. Perhaps he or she will change this time. Perhaps you can do things better and avoid another fight. This will be the last time it happens. You decide to go back to your partner.
repeat-cycle

Repeat the Cycle

The cycle begins all over again. You are happy for awhile, then tension builds up again. Your partner explodes and this time pushes your boundaries just a little bit further than the last time.

Confusion

After being in the cycle for any amount of time, you lose track of reality. Up is down, right is left. You feel crazy. Everything is your fault. You have lost your friends and family. You are isolated and helpless. How do you get out?
domestic-violence

Tragically, a bad breakup frequently ends in violence. When this occurs, if often requires the intervention of the courts to protect the parties through a restraining order. Domestic violence can be blatant- such as one person choking or punching the other. It can also be more subtle, such as isolating a partner and depriving them of financial control.

You need a domestic violence lawyer to keep you safe
Call us right away
951-395-8634

If the above describes you, know that what you are experiencing is not your fault. There is a way out and there is a better tomorrow. Get help now before things get even more out of control. Call our domestic violence attorney now for help.

How Is Domestic Violence Defined In Temecula CA?

 

Physical Violence:

Domestic violence includes any type of physical abuse, such as hitting, slapping, punching, pushing, or using excessive force.

Verbal Violence:

Verbal threats of physical violence whether in writing or not qualify as domestic violence such as, threating to tell your employer and ruining your career.

Psychological Abuse:

According to the law, Domestic Violence need not be physical to be called “violence.” Mental abuse, such as intimidation, stalking, the frequent use of disparaging language, yelling, and shouting in the sight of children, are qualify as domestic violence.

Harassment:

Any patterns of harassment over a period of time can constitute domestic violence such as, numerous unwanted text messages or phone calls.

frustrated-couple-arguing-and-having-marriage-prob
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What To Do To Prevent Further Acts Of Domestic Violence In Temecula?

 
First, consult with an experience domestic violence attorney in Temecula. Understanding your options is your first step and that is what our Temecula domestic violence lawyers will help you do.
 
Second, when domestic violence takes place, victims are advised to seek a restraining order. The courts will always err on the side of caution and, at the very least, issue a temporary restraining order if you can demonstrate to the court that the protection is warranted. 
 
Restraining orders in Temecula can either be Temporary or Permanent. 

Restraining Orders

 

What Is The Difference Between A Temporary Restraining Order And A Permanent Restraining Order?

 

Temporary Restraining Order:

A temporary restraining order is a protection order that is issued immediately and lasts until a date certain. Typically, in Temecula, they last no longer than 21 days. 
 
They are intended to issue protection pending the court date to prove your case and request a permanent restraining order. However, while it is only temporary and for a brief period of time, it is a court order intended to restrain your abuser from contacting you or harassing you.  It is intended to protect you.
 

Permanent Restraining Order: 

A permanent restraining order can last any where from several weeks to five years with the opportunity to seek a renewal at the end of the initial order. 
 
A permanent restraining order can only be ordered after proper notice has been given to the opposing party and a hearing, or trial, are conducted. At trial, each party is given an opportunity to present their case, provide evidence, and examine witness in court. 
 
At the end of trial, the judge will decide whether to grant or deny the request for a permanent restraining order.

What is the Timeline for a Domestic Violence Restraining Order in Temecula?

 

  • First, the party seeking the restraining order files a request with the court.
  • Second, if granted, it will be effective for no more than 21 days unless a continuance/extension is needed. The responding party is entitled to one continuance as a matter of law if they wish to exercise it.
  • Third, the party seeking the restraining order must serve the other party timely. Anyone over the age of 18, except for the party seeking the restraining order, can serve the other party. The Sherriff’s Department can do this for free if the temporary orders are granted.
  • Fourth, the parties attend the hearing, and a trial is conducted to determine the outcome of the restraining order.

What Can Be Included On the Restraining Order in Temecula?

 

The party seeking the restraining order can also request:

  • Temporary custody and visitation orders;
  • Temporary support orders;
  • Exclusive use of the family residence; and
  • Protection for additional persons such as, adult child or family members who reside in the family home

What Are The Ramifications Of A Temporary Vs. Permanent Restraining Order In Temecula?

 

Restraining order situations are time sensitive and can carry irreparable harm to the responding party. While there is a difference between a temporary restraining order and a permanent restraining order, you must act. Even if you do not care about the restraining order itself, you need to understand the significance of having one issued against you. A finding of domestic violence carries huge significance in family law because:

 

1. CLETS

A restrained party that is found to have committed acts of domestic violence will have their information inputted in the CLETS system which, in California, is a wide law enforcement computer system that contains information about all restrained parties. This means that if your employer conducts a background check on you, you may not pass and as a result lose your job or your potential of being hired.

 

2. Custody 

In family law, there is a presumption that the restrained party cannot not have any legal or physical custody of their children. This means that you could lose custody if you do not defend and fight the restraining order. In essence, the restrained party MUST rebut the presumption to have the right to make decisions for their children.

 

3. Finances 

If a restraining order is granted against the party seeking alimony or financial support from the protected party, the court may reduce or eliminate any support orders to be paid by the protected party. The court, typically, will not order the protected party to pay his/her abuser support.T

Family Law Matters Legal Panel On Family Violence

Please watch the following video:

Family Law Matters' Domestic Violence Attorneys in Temecula

At Family Law Matters, you are our top priority. We believe that domestic abuse should be dealt swiftly by a professional who will work tirelessly to safeguard your rights and wellbeing.

Remember that one of the most effective tools available to you is the ability to obtain a restraining order. Alternatively, if a fraudulent restraining order has been filed against you, you must have active and savvy representation to protect you from the extremely severe penalties of having a permanent restraining order issued against you.

Our domestic violence attorneys have extensive experience protecting victims of domestic violence and defending those who have falsely been accused of domestic violence. 

Contact our domestic violence lawyers in Temecula, California for high-quality legal assistance that is also assertive and proven effective. Our domestic abuse attorneys in Temecula will guide you through the process of resolving your domestic violence issues and provide each client with a confidential and free consultation.

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