Roseville Domestic Violence Lawyer
Domestic violence is rightly seen as a plague on our society and the law offers remedies to those who suffer abuse at the hands of someone close to them. Our attorney can work with victims to get the legal protections they need, for both them and their children.
But the first step is to get somewhere safe. Find a family member or a trusted friend with which you can stay. Call The National Domestic Violence Hotlineat 1-800-799-7233. Then call our Roseville domestic violence lawyer to help with the legal mechanisms of protection.
The Law Offices of James-Phillip V.M. Anderson offer compassionate and collaborative legal counsel to people throughout Placer County, Nevada County, and Sacramento County. Call the Roseville office today at (916) 282-7737 or contact us online to arrange for a consultation.
3 Steps in Getting a California Restraining Order
A restraining order is what can be sought, and this goes in three different steps, the first to get immediate protection, and ultimately to putting long-term security in place.
Emergency Protective Order (EPO)
Getting an EPO requires calling a police officer. The officer will make the determination if the threat of violence is both real and imminent. The police can then place a call to a judge who can issue the order. It is important to note that judges are required to be on call at all times—24 hours a day, 7 days a week—to respond to requests for orders just like these. It doesn’t matter if it’s 3 AM in the wee hours of Saturday morning. If you’re in danger, call the police. The police can then get you emergency help. An EPO goes into effect immediately.
Temporary Restraining Order (TRO)
The EPO only lasts for one week, so it’s important to engage with our Roseville domestic violence attorney as quickly as possible. The next step will to be obtain a TRO, which will last from 20 to 25 days. At this point a hearing will be scheduled to consider the evidence and determine if a more permanent order is called for. The TRO is intended to protect the victim up until the hearing.
Permanent Restraining Order (PRO)
Please note that “permanent” is not meant to be taken literally. The typical PRO will last anywhere from 3-5 years. But that is substantial protection. Moreover, the order can be renewed if the abuser continues to be a threat.
The long-lasting nature of a PRO though, means that the standards of evidence will be higher. A judge needs a compelling reason to, for example, deny a father the right to see their child. The job of our Roseville domestic violence lawyer is to work with clients to obtain the kind of evidence they need.
Examples of this evidence might include threatening correspondence, be they emails or texts. If an abuse left threatening voice messages, those should be saved and introduced into the record as evidence. Direct physical evidence of prior abuse may prove exceptionally compelling in a hearing. Photos of bruises are one possibility. And if the victim ever had to go into an emergency room, there will be a record of that visit.
Get the help you need today. Call The Law Offices of James-Phillip V.M. Anderson at (916) 282-7737 or fill out our online contact form today .
Personal safety is the foundation of a secure life. No one should have to tolerate that being threatened in any way. Especially not when there are good legal remedies available, that we can help clients with.
Collaborative & Compassionate Legal Counsel
The Law Offices of James-Phillip V.M. Anderson aren’t here to judge people. We’re here to help them. Family situations, relationships, and marriages can get unfortunately messy for a lot of people, and when that mess leads to violence—or even the threat of it—we’re here to help victims act. We’ll work with you and for you to get the legal help needed to live in peace. From our Roseville office, we serve all of Placer County and our clients extend throughout Nevada County and Sacramento County.
Call today at (916) 282-7737 or contact us online to set up a consultation.
Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—there is a lot that is missed out on when a reliable and experienced attorney isn’t present. Important issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
Who gets the house in a divorce?A:
The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between the spouses. Whether the family home ends up with a spouse or being sold will depend on how the settlement is negotiated between the two parties. There is no uniform rule on how any particular piece of marital property should be distributed.
How is child custody decided?A:
Child custody decisions are made exclusively on the basis of what the courts deem is the best interests of the child. This will depend on a range of factors which will be unique to each couple, so there is no one-size-fits-all answer. But as an example, if it’s already been agreed that one spouse will get the family home, a court might deem it in the child’s best interest to live with that parent, simply for the stability of staying in the same house.