Domestic Violence Restraining Orders
The most devastating area of practice in my family law practice is Domestic Violence. Whether you are the victim of domestic violence or you have been wrongfully accused of domestic violence. The implications are devastating emotionally and financially to the parties and children. A Domestic Violence Restraining Order has implications in child custody, spousal support and attorney fees.
California law defines domestic violence as any abuse or threats of abuse between individuals of a certain, even intimate, relationship. Domestic Violence laws are set forth in California Family Code Section 6200 et al. In order for Domestic Violence laws to apply in the Family law setting, there must be a relationship between the parties under Family Code 6211:
“Domestic violence” is abuse perpetrated against any of the following persons:
A spouse or former spouse.
A cohabitant or former cohabitant, as defined in Section 6209.
A person with whom the respondent is having or has had a dating or engagement relationship.
A person with whom the respondent has had a child,
A child of a party or a child who is the subject of an action
Any other person related by consanguinity or affinity within the second degree.
Domestic Violence occurs when there is abuse between person with the above-type of relationship, which are spelled out under California Domestic Violence laws.
Domestic Violence Abuse: Family Code 6203 Defines "Abuse" under California Law. For purposes of this act, “abuse” means any of the following:
- To intentionally or recklessly cause or attempt to cause bodily injury
- Sexual assault
- To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
- To engage in any behavior that has been or could be enjoined pursuant to Section 6320
Abuse is not limited to the actual infliction of physical injury or assault. It can also refer to intentionally scaring or stalking another person, or the act of preventing someone from coming or going freely. However, abuse does not have to be physical in order to be considered domestic violence. In fact, many domestic violence cases involve verbal abuse, emotional or psychological trauma and financial abuse.
In order to protect yourself and your loved ones, the Court can issue a domestic violence restraining order. Lisa Ramsey is an aggressive litigator and has twenty five years of experience on your side.
If the parties are unmarried, the first step is to file a Petition to Establish Parentage. In order to protect your rights as a parent it is important to be legally recognized as the parent of the child. The Court then has jurisdiction to establish child custody, child support and attorney fee orders. Orders the Court can grant are:
- Financial support from both parents
- Legal documentation identifying the child's parents
- Mother and Father's names on the child’s birth certificate
- Social security and Veteran’s benefits
- Access to family medical records and history
- Health and life insurance coverage
- Inheritance rights
- Parentage can be established by obtaining an order for DNA testing