No matter what circumstances a couple, family, or group of loved ones may be facing, no person deserves to become the victim of domestic violence. On the contrary, no individual deserves to suffer consequences after a false domestic violence claim has been made against them.
At Moore, Schulman & Moore, APC, our domestic violence attorneys in San Diego are highly experienced in handling a wide range of abuse claims. Day in and day out, we fight to protect the rights of men and women throughout the greater San Diego area.
When you entrust our San Diego domestic violence lawyers with your case, you can rest easily knowing we will provide:
- A team backed by more than 200 years of combined experience
- A team led by founders who are board certified family law specialists
- A team rated AV Preeminent™ by Martindale-Hubbell®
What Is Considered Domestic Violence?
In California, domestic violence refers to abusive behaviors that occur within an intimate relationship or household. It can involve a range of harmful actions, and the state has specific laws and regulations to address and prevent such incidents.
Under California family law, domestic abuse can include:
- Physical Abuse: Any intentional use of force resulting in bodily injury or the likelihood of injury. This can include hitting, slapping, punching, kicking, or other forms of physical harm.
- Threats of Physical Abuse: Making verbal or non-verbal threats that suggest imminent harm or danger, creating fear and intimidation.
- Sexual Assault: Any non-consensual sexual activity, including rape, attempted rape, and other forms of sexual abuse within an intimate relationship.
- Harassment: Unwanted and repeated behaviors, communications, or actions that cause emotional distress or fear. This can include verbal abuse, name-calling, and persistent unwanted contact.
- Stalking: Repeated and unwanted attention, communication, or following, either in person or through electronic means, causing fear for one's safety.
- Disturbing Your Peace: Disruptive or violent behavior that interferes with a person's peace, such as loud arguments, property damage, or any other actions that create a hostile environment.
- Destroying Your Personal Property: Intentionally damaging or destroying the personal belongings of a partner as a form of control or intimidation.
- Financial Abuse: Controlling or exploiting a partner's financial resources to limit their independence. This can involve withholding money, preventing access to financial information, or sabotaging employment or educational opportunities.
- Isolation: Restricting a partner's social interactions, controlling who they see or talk to, and limiting their access to friends, family, or support networks.
- Intimidation: Using threatening behavior, gestures, or looks to instill fear and coerce compliance. This can contribute to a climate of fear in the home.
- Coercive Control: Establishing dominance through various forms of manipulation, intimidation, isolation, and control over daily activities. Coercive control is a pattern of behavior aimed at maintaining power over a partner.
- Neglect: Failing to provide necessary care, emotional support, or attention to a partner's well-being. Neglect can be a form of abuse, especially in cases where basic needs are consistently unmet.
Although many persons believe that only spouses and children can become victims of domestic violence, others types of family members or individuals who were formerly living with or dating another person can also become victims of this abuse.
Types of Restraining Orders in California
A Domestic Violence Restraining Order (DVRO) is a legal order issued by the court to protect individuals who have experienced domestic violence or are at risk of such violence. A DVRO is designed to provide legal protection and prevent further abuse by ordering the alleged abuser to stay away from the victim and refrain from certain behaviors.
To obtain a DVRO, the person seeking protection (the petitioner) must have a close relationship with the alleged abuser. This relationship can include marriage, domestic partnership, dating or engagement, living together, or having a child together.
- An Emergency Protective Order (EPO): Law enforcement officers can issue this type of restraining order to a victim at the time the domestic violence incident is reported. In most cases, this type of restraining order will only last a couple days, giving the victim enough time to pursue a Temporary Restraining Order.
- A Temporary Restraining Order (TRO): The court can issue this type of restraining order. In most cases, this type of restraining order lasts 15 days or until the hearing to pursue the Permanent Restraining Order. Cases involving physical injury can allow a person to obtain a temporary restraining order even without giving notice to the offending party. However, at the next hearing, the offending party will have an opportunity to present.
- A Permanent Restraining Order (PRO): This type of restraining order can be issued for up to 5 years. However, upon expiration, this type of restraining order can be renewed. At hearings involving PROs, both parties have the opportunity to testify, call witnesses to testify, and bring evidence to court to support the case.
A DVRO can include various protective measures, such as ordering the alleged abuser to stay away from the victim, their home, workplace, and other specified locations. It may also prohibit contact, including phone calls, emails, or any other form of communication.
In addition to personal protection, a DVRO can address issues related to child custody and support. It may establish visitation arrangements and order the alleged abuser to pay child support.
The court can also order the alleged abuser to surrender any firearms they possess and prohibit them from purchasing or possessing firearms during the restraining order's duration.
How a Domestic Violence Attorney in San Diego Can Help
If you believe you have become the victim of domestic violence, Moore, Schulman & Moore, APC will first consider your safety. While the complicated legal matters are crucial to the outcome of every domestic violence case, we are dedicated to protecting the rights and well-beings of our clients first and foremost.
Here's how we can help:
- Legal Guidance: We provide comprehensive legal guidance to victims of domestic violence, explaining their rights and options under California law. Our team ensures that clients understand the legal steps available to them, such as obtaining a Domestic Violence Restraining Order (DVRO).
- Assistance with Restraining Orders: Our lawyers assist clients in filing for and obtaining restraining orders. This includes preparing the necessary documentation, gathering evidence, and presenting a compelling case to the court. We work to secure both emergency and long-term orders to protect our clients from further harm.
- Court Representation: We represent clients in court proceedings related to domestic violence cases. This includes advocating for our clients during hearings for restraining orders, child custody, and other related matters. Our goal is to ensure our clients' interests are effectively represented in court.
- Safety Planning: Our legal team collaborates with clients to develop safety plans tailored to their specific situations. This may involve identifying safe locations, establishing communication strategies, and offering advice on how to minimize risk during and after legal proceedings.
- Child Custody and Support Matters: In cases involving domestic violence, issues related to child custody and support often arise. We provide assistance in navigating these complex matters, ensuring the safety and well-being of the client and any children involved.
- Collaboration with Support Services: We work in conjunction with local domestic violence shelters, counseling services, and other support organizations to ensure our clients have access to comprehensive assistance. Our collaborative approach addresses both the legal and emotional aspects of domestic violence cases.
- Legal Advocacy: Our lawyers act as strong advocates for our clients, presenting their case with professionalism and diligence. We work to secure the best possible outcomes, whether it involves obtaining protective orders, negotiating settlements, or representing clients in court.
- Post-Divorce Assistance: For those going through divorce proceedings with a history of domestic violence, our legal team helps navigate the aftermath. This may involve addressing ongoing safety concerns, modifying existing orders, or providing guidance on post-divorce legal matters.
Certified Ten of our attorneys have earned the distinction of certified family law specialist.
Equipped Skilled in litigation and mediation, we are prepared to handle any type of divorce.
Attentive We respond quickly to clients and ensure they are always informed about their case.
Seasoned Our professionals have more than 200 years of combined family law experience.
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David Schulman Founding Partner & Board Certified Expert in Family Law
Erik Moore Founding Partner & Board Certified Expert in Family Law
Julie Westerman Partner & Board Certified Expert in Family Law
Jeremy Boyer Partner & Board Certified Expert in Family Law
Kevin Polis Partner & Board Certified Expert in Family Law
Lesa Christenson Of Counsel & Board Certified Expert in Family Law
Bryan Yerger Associate
Sarah Bear Associate
Jillian Minter Associate
Isabel Steinmetz Associate
Lindsey Dentino Associate
Lauren Haack Associate