Domestic Violence Lawyers In Hemet
What Constitutes Domestic Violence In Hemet?
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:
The Cycle Of Domestic Violence
The Honeymoon Phase
The Tension Phase
The Explosive Phase
The push your boundaries phase
The breakup phase
The apology phase
The make up phase
Repeat the Cycle
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.
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 Hemet CA?
Domestic violence includes any type of physical abuse, such as hitting, slapping, punching, pushing, or using excessive force.
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.
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.
Any patterns of harassment over a period of time can constitute domestic violence such as, numerous unwanted text messages or phone calls.
What To Do To Prevent Further Acts Of Domestic Violence In Hemet?
What Is The Difference Between A Temporary Restraining Order And A Permanent Restraining Order?
Temporary Restraining Order:
Permanent Restraining Order:
What is the Timeline for a Domestic Violence Restraining Order in Hemet?
- 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 Hemet?
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 Hemet?
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:
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.
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.
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