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Contesting Domestic Violence Restraining Orders in California with Geller Law, PC

 Facing a domestic violence restraining order in California? Geller Law, PC offers legal defense to protect your rights and navigate the legal system. Contact us today for personalized assistance.

 

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At Geller Law, PC, we understand that being issued a domestic violence restraining order can be a distressing and confusing experience. You might feel overwhelmed and unsure how to protect your rights and reputation.

A domestic violence restraining order is a serious legal measure, designed to protect victims of domestic violence. However, these orders are sometimes issued based on false allegations or misunderstandings. If you have been served with a restraining order, acting quickly to contest it and present your side of the story is crucial.

In California, violating a restraining order can lead to severe criminal charges, so it is important to address the situation promptly and correctly. At Geller Law, PC, we defend individuals unfairly targeted by restraining orders. We are committed to helping you navigate the legal process, ensuring your voice is heard, and working to clear your name.

We guide you through each step, from gathering evidence to representing you in court. We aim to provide a strong defense, protect your rights, and help you achieve a fair outcome. If you need to contest a domestic violence restraining order, contact Geller Law, PC today for professional legal assistance.

What Is a Domestic Violence Restraining Order?

Navigating the complexities of domestic disputes can be daunting, especially when you’ve been issued a Domestic Violence Restraining Order (DVRO). At Geller Law, PC, we understand the challenges and are here to help you defend your rights.

A DVRO is a serious legal measure designed to protect individuals from abuse or threats of abuse by someone close to them. In California, there are several types of restraining orders:

  • Emergency Protective Order (EPO): Immediate but short-term protection lasting up to seven days, often issued by police.
  • Temporary Restraining Order (TRO): The initial order granted by a court, valid until the court hearing for a longer-term order.
  • Restraining Order After Hearing (also known as Permanent Restraining Order): Issued after a court hearing, can last up to five years.

Legal Requirements and Process

When you are served with a DVRO, it’s important to understand the legal process and requirements. The petitioner must file forms with the court, detailing the alleged abuse. The relationship between the petitioner and the accused must be specific—such as a spouse, former spouse, cohabitant, dating partner, or close relative.

A court hearing will be scheduled where both parties can present their cases. For a DVRO to be issued, the judge must be convinced that domestic violence has occurred or that there is a credible threat of violence.

At Geller Law, PC, we specialize in defending individuals who have been issued a DVRO. Our experienced attorneys will guide you through each step of the legal process, from gathering evidence to representing you in court. We aim to ensure that your side of the story is heard and that you receive a fair trial.

Understanding the Consequences

Violating a DVRO is a serious offense and can result in criminal charges, as outlined in California Penal Code 273.6. This makes it essential to respond to a DVRO promptly and effectively.

If you have been issued a DVRO and need to contest it, contact Geller Law, PC. Our dedicated team will provide the legal support necessary to defend your rights and protect your future.

Impact of a Restraining Order on Child Custody and Support

In California, the well-being of the child is the top priority, and allegations of domestic violence are a critical factor judges consider when deciding child custody arrangements. If you have been issued a domestic violence restraining order, it can significantly impact your custody and visitation rights.

Custody Considerations

A domestic violence restraining order can influence both physical and legal custody, often restricting your access to your child. California Family Code 3044 establishes a presumption that awarding custody to a parent who has committed domestic violence is detrimental to the child’s best interest. This presumption must be overcome with evidence that it is in the child’s best interest to grant custody or visitation.

Custody Evaluations

The judge may order a child custody evaluation to assess how the allegations of domestic violence might affect the child. This evaluation is crucial in determining the appropriate custody arrangement.

When a restraining order is in place, the court may implement specific rules to decide custody, which could result in:

  • Supervised Visitation: You may be granted supervised visitation if it is deemed in the best interest of the child.
  • Primary Custody: The other parent may be granted primary custody to ensure the child’s safety.

Support Orders

A restraining order does not change your obligation to financially support your children. The court can establish, modify, or enforce support orders during or after the issuance of a restraining order. Financial support must continue unless the court explicitly modifies the order.

Understanding Your Rights

Understanding your rights and responsibilities is crucial if you have a court date regarding these matters. Being well-informed about what constitutes domestic violence and how it impacts custody and support is essential to your defense.

Seek Legal Guidance

At Geller Law, PC, we are skilled in defending individuals who have been issued a domestic violence restraining order. Our experienced attorneys will guide you through the legal process, including responding promptly to the restraining order, gathering evidence, and representing you at the hearing. We aim to protect your rights and work towards the best possible outcome for you and your children.

Contact Geller Law, PC for professional legal assistance if you’re facing these challenges. We are here to help you defend your rights and ensure a fair trial.

Contact Geller Law, PC Today

Understanding and navigating the legal complexities is crucial when faced with a domestic violence restraining order. At Geller Law, PC, we provide dedicated defense to those issued with restraining orders, ensuring your rights are protected and your voice is heard.

How Geller Law, PC Can Help You:

  1. Legal Representation: We offer strong representation in court, meticulously preparing your defense and advocating assertively on your behalf. Responding to the restraining order promptly is essential to avoid default judgments.
  2. Document Assistance: Confused by the legal paperwork? We guide you through each document, ensuring all paperwork is completed accurately and filed within the required timeframe.
  3. Court Appearances: We represent you at every court appearance, clearly presenting your side of the story to the judge. Attendance at the hearing is crucial, as it is your opportunity to present evidence and defend against the allegations.
  4. Custody and Visitation: We work to protect your custody and visitation rights, presenting evidence and arguments to counter any claims that might unfairly limit your access to your children.
  5. Support Orders: We help you understand and navigate any child or spousal support orders, ensuring your financial obligations are fair and just. These issues may be addressed during the restraining order hearing.

Why Contact Geller Law, PC Today:

  • Professional Guidance: Our experienced attorneys simplify the legal process, helping you understand your rights and options.
  • Personalized Defense: We tailor our defense strategy to your specific situation, working toward the best possible outcome.
  • Confidential Advice: We handle your case with the utmost confidentiality and sensitivity, understanding the personal nature of domestic violence allegations.
  • Comprehensive Support: From the initial response to the final court appearance, we provide comprehensive legal support to guide you through this challenging time.

If you have been issued a domestic violence restraining order in California, it is essential to seek professional legal assistance. Geller Law, PC, is committed to defending your rights and providing the support you need to navigate the legal system effectively. Contact us today for professional legal defense and ensure your side of the story is heard and respected.