Domestic violence can be a complicating factor in divorce and child custody matters. If you are seeking a divorce and have been the victim of domestic violence, you need to let your attorney know what has been happening and provide any available documentation. The San Jose domestic violence attorneys at Aeschleman Law Firm are thoroughly experienced in handling these cases and can assist you in making the break and taking necessary steps to ensure your safety by obtaining a restraining order if appropriate. Or, you may have been wrongly accused of domestic violence in a divorce, in which case we can initiate an investigation to bring the facts to light.
What Is Considered Domestic Violence Under California Law?
- Causing or attempting to cause physical injury
- Causing fear of you or someone you know being physically injured
- Sexual assault
- Molestation, attack, battery, or stalking
- Destruction of personal property
- Threats or harassment (phone, email, or in person)
Domestic Violence Restraining Orders (DVROs)
- An Emergency Protective Order can be mandated by a police officer immediately. It is a temporary DVRO that prohibits the abuser from coming in contact with the victims for five business days. In this time, the victim can consult an attorney in order to pursue a permanent DVRO.
- A Temporary (ex-parte) Restraining Order is a restraining order that is issued temporarily until the hearing can be held.
- A Restraining Order after the Hearing is a restraining order mandated by a judge after a hearing. These DVROs can last five years and at a later date may be lengthened beyond five years or made permanent.
- A “Kick-out” (exclusive possession) Order is a restraining order that mandates the abuser leaves the home and stays away from it, or is “kicked out.” The victim is then given exclusive possession of the home.
Restraining orders can also prohibit abuse, stop abusers from buying a gun, require child support payments to be made by the abuser, require the abuser to pay medical and legal fees incurred by the victim due to the abuser’s actions, and more.
If you are the victim of domestic violence in San Jose or elsewhere in Santa Clara county, do not hesitate to call on attorney Nicole Aeschleman to represent you. Our office provides a safe, secure, and professional environment that will give you the support you need to keep your family and yourself safe.
In the adversarial environment of a divorce, wrongful accusations are sometimes made in an attempt by one partner to secure sole custody of a child or children. If you have been wrongfully accused of committing domestic violence in the context of a divorce, it is in your best interest to contact the Aeschleman Law Office immediately. If you are accused and convicted of domestic violence you may face a variety of consequences that go beyond loss of custody of your children or visitation rights, including prison time, deportation, inability to own a firearm or receive a professional license, and loss of your home.
Whether you have been the victim of domestic violence or are facing a false allegation of domestic violence in the course of a divorce, Aeschleman Law will provide you with the representation you need to achieve an outcome that will allow you to. With a personable team and years of experience, our firm can show the court the facts of the case, present them clearly, and provide the best possible results. Contact us for an initial consultation.
Call A San Jose Domestic Violence Lawyer Today
Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form on the bottom of this site.