9 Questions to Ask When Considering a Domestic Violence Attorney in Orange County
Whether you’re facing violence or abuse allegations, you need to understand your legal rights and your full scope of options.
California takes a very proactive approach to domestic violence and victims have many options. The courts offer a variety of protective orders to keep you and your family safe.
Without professional experience, navigating the court system can be quite a challenge. Don’t risk your safety or reputation. Make sure you meet with a qualified domestic violence attorney in Orange County to discuss your case and understand your options.
What should I ask when considering a domestic violence attorney?
1. Domestic violence attorney explains -What is domestic violence?
When people think of domestic violence, they usually think of a husband physically abusing his wife. However, this idea is outdated because domestic violence manifests in many forms.
While domestic violence certainly includes physical abuse and sexual assault, it may also include verbal threats, stalking, intimidation, harassment, harming pets, or destroying property. It even might include emotional, psychological, or mental abuse depending on the particular case.
In order to file a domestic violence case, one of these conditions must be met. If you’re facing domestic abuse, meet with a qualified domestic violence attorney in Orange County to discuss your case. Many law firms offer free consultations.
2. What is your relation to the abusive party?
Your relation to the abusive party determines whether your case qualifies as domestic violence. In order to meet specifications, the party in question could be a spouse, immediate family member, family member through marriage, or intimate living partner.
Domestic violence may also include exes, as well as divorced or separated spouses.
If your situation does not meet both of the above criteria for “domestic” “violence,” you could still peruse a harassment or assault case. However, it wouldn’t qualify as domestic violence so you would seek different legal routes.
3. How long does an emergency protective order last?
The great thing about emergency protective orders is that they are easy to file through a police department so no court is involved. EPOs are also fast-acting: they go into effect in just 24 hours.
However, EPOs only last one week. They are designed to give the protected party time to seek legal representation from domestic violence attorneys in Orange County and file the proper paperwork for a more permanent solution.
4. How long do temporary restraining orders last?
Temporary restraining orders typically last between 20 and 25 days. This gives you time to meet with domestic violence attorneys in Orange County to plan out your long-term case.
For a temporary restraining order, you will need to present a reasonable case in court. A judge will hear both sides and make the final decision. Judges may or may not grant the temporary order if you do not present a thorough case.
5. Are permanent protective orders really permanent?
No, they last three years. If you’ve made a compelling case, your judge might grant you what’s called a permanent protective order. Again, the judge takes both sides into consideration.
After the three years are up, you may request another hearing to extend the order. The judge may or may not grant your extension request. It depends on the possible threat posed by the restricted party.
6. How do protective orders work?
A personal protective order includes two parties: the restrained and the protected. It is essential you meet with a domestic violence attorney in Orange County to understand the implications of personal protection orders.
Each protective order may have different restrictions or specifications depending on the particular case. For example, the restricted party may not make phone calls or text the protected party. Visiting a protected party’s school or workplace could also qualify as a violation.
7. Can I include my children?
Yes, you can prevent your abuser from contacting yourself and children if you have custody. A personal protection order may require the restricted party to move or stay away from your home. It could also restrict the abusive party from visiting a child’s school or activity spaces.
Keep in mind that for long-term protection orders, the judge will hear both sides of the case. Make sure you meet with your lawyer to discuss appropriate legal action and build your case.
8. Can I revoke a restraining order?
In the state of California, you can revoke a restraining order once it’s in place. However, it takes much more than just a phone call. You’ll need to file the proper paper work and request a hearing in front of the judge who may or may not grant your request.
Talk with your lawyer to ensure your decision is in the best interests of your family. Seeking another protective order in the future might become difficult if one has already been revoked in the past.
9. What if I’m accused of domestic violence?
It can be quite scary finding yourself at the wrong end of false domestic violence accusations. Personal protection orders issued against you could impact your future employment, background checks, housing, licensing, and much more.
Don’t wait for accusations to hurt your reputation down the road. Contact a qualified domestic violence attorney in Orange County today to discuss your rights.
Meet with an experienced domestic violence attorney in Orange County today.
If you’re facing abuse allegations or domestic violence yourself, you need to understand your rights. Don’t put your personal safety or reputation on the line.
At Yanez & Associates, we’re available 24/7 to take your call at 714-971-8000. Call us today to schedule a free consultation.