Fighting for the Abused and Accused
If you find yourself in an abusive relationship, it is crucial to reach out for assistance and ensure your safety. Ignoring domestic violence only allows the problem to worsen over time. Furthermore, when children are involved, witnessing or experiencing such violence can have severe, long-lasting effects on their lives. Custody concerns may also arise in such situations.
At Magdalena Law Group, our team of domestic violence attorneys is dedicated to supporting you during this challenging time. Whether you need assistance obtaining a restraining order or fighting false allegations, we are here for you. Domestic violence can happen to anyone, irrespective of gender, education, income, or resources to leave the relationship. Come forward and seek help today.
How Magdalena Law Group Can Assist You
Whether your abuser is your spouse, partner, or another family member, our San Jose domestic violence attorney is ready to provide the help you need. We will stand by your side and take all necessary steps to protect both you and your children. In cases where the court determines that the other party has committed domestic violence and you share children, there will be a presumption against granting joint or sole custody to the perpetrator.
If you have been accused of domestic violence, our San Jose lawyers will guide you through the process and provide the best possible representation. We understand that there are always two sides to every story. During a confidential consultation, we will attentively listen to your side and refrain from passing judgment. Instead, we will work together to find the optimal solution for addressing the difficult situation and helping you move forward.
Restraining Orders & Protection Orders
Restraining orders are issued by judges and can be obtained by filing a petition with the court. Once the party seeking protection submits the petition, the court decides whether to grant a temporary restraining order without a court hearing, known as an ex-parte basis. Simultaneously, the court sets a hearing date to allow both parties an opportunity to present their evidence and witnesses. If the judge determines in favor of the person seeking protection, a permanent restraining order, valid for up to five years, is issued.
Do I Need a Lawyer for a Restraining Order?
While it is technically possible to file or respond to a restraining order or order of protection in California without legal representation, it is highly recommended to consult experienced attorneys for assistance throughout this process.
- If you have been wrongly accused of domestic abuse, consulting an attorney is crucial due to the serious implications these allegations can have, potentially resulting in negative consequences in family court, criminal proceedings, or immigration matters.
- If you are a victim of domestic abuse, whether it is physical, emotional, or financial, seeking legal advice is essential to explore your options for safeguarding your own and your children’s safety. This includes obtaining a restraining order and securing custody and support orders to ensure comprehensive protection.
Our San Jose restraining order attorneys are here to support you at every step, ensuring you never have to face this alone.
How Does Domestic Violence Impact Divorce?
Evidence of family violence or abuse can significantly influence decisions regarding child custody, child support, and spousal support in divorce proceedings. Courts take domestic violence seriously and prioritize the safety and well-being of the child and spouse when making these determinations.
To request a free initial consultation, you can contact us at (408) 601-4439. Remember, no one should endure abuse. If your spouse or significant other has taken any form of action against you or made threats, it is time to take legal action. We are ready to assist you anywhere in Santa Clara County.
(Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For personalized legal guidance, please consult with an attorney.)