Domestic Violence & Restraining Orders in La Jolla
Qualified Legal Representation for Challenging Situations
California law takes domestic violence seriously. An accusation can result in criminal charges and have an impact on divorce, child custody, and other family law cases. At Dan McCandless Law, APC, we represent clients in a broad range of family law cases, including those involving domestic violence and restraining orders in La Jolla and surrounding communities.
Please call (858) 266-9171 to discuss your situation with a domestic violence attorney.
How Domestic Violence Impacts Family Law Cases
Domestic violence is abuse directed toward a family member or a person with an intimate relationship. This may include spouses, cohabitating people, those in a prior or former dating relationship, parents, children, and those sharing a home, including roommates or family.
California Family Code Section 6320 defines abuse as:
- Intentionally or recklessly causing or attempting to cause injury
- Sexual assault
- Placing another in reasonable apprehension of imminent bodily injury
- Engaging in abusive behavior, such as threatening, stalking, or harassing
In violent or dangerous situations, divorce can become the only option. Of course, your finances, property division, and custody issues are important, but getting away and protecting yourself and your children from abuse must be the first step. One thing that is often done to protect victims of abuse is to file for a domestic violence restraining order.
In order to ensure your safety, you may need to leave your home and find a new place to live or stay. The next step is to request a restraining order in family court.
The terms of domestic violence restraining orders may include:
- Ordering the respondent to leave the family residence
- Prohibiting stalking, assaulting, or contacting the protected person
- Restrictions on possessing or purchasing a firearm
- Setting temporary child and spousal support
- Temporary custody and visitation rights
The exact terms of the order and length of the protective order may vary, depending on the specifics of the situation. For example, if the parties live together, have property in common, or share minor children, the terms of the restraining order will address these issues. Whether you need a restraining order, or your spouse has requested a restraining order, you need an experienced La Jolla restraining order attorney on your side.
Domestic Violence in Custody & Visitation
A domestic violence accusation can have a significant impact on the outcome of a family law case. Because the court’s main consideration is the child’s best interests, abuse and domestic violence are often considered in awarding custody and visitation rights. The court may require completion of drug and alcohol counseling, any criminal penalties to be served, mandatory counseling, or a domestic violence treatment program to be completed before allowing custody or visitation.
Every situation is unique, so it is important to discuss your case with an attorney, whether you are accused of domestic violence or are the victim of it. Call (858) 266-9171 to schedule a consultation.