Progress has been made to protect victims from domestic violence. However, abuse
is still extensive. It is rarely reported. The victim is afraid, afraid the abusive spouse
will be arrested or even worse left in the home. Other times the victim feels that he
or she is the cause of the violence and just needs to improve his or her behavior. The
victim may feel overly sensitive, that there are no other options, or that no one will
believe the accusation. At times, even family members are not aware of the violence.
The victim is ashamed. Sometimes the victim lives with the violence before years before
seeking an attorney's advice.
The Orange County family law system protects people who suffer physical abuse by
removing the abuser from the home. An abused individual can obtain a restraining order
preventing contact between the abuser and the victim. Even if a person wants to remain
married, the victim should call the police if he or she is punched, pushed, or choked.
If there are no visible injuries, the police may ask one party to leave the premises until
the parties cool down. If one party is injured, the non-injured spouse may be arrested.
Orange County has laws to proctect victims of spousal abuse. If you are a victim and
need a domestic violence attorney, contact Treviño Law, Inc. at (949) 716.2102 to
initiate a restraining order.
When a petition for a divorce is served in California, temporary restraining orders (often referred to as ATROs) are in effect automatically. The automatic restraining orders prevent either party from destroying property, borrowing against an asset, gifting an asset, or changing any property owned by either party. The rules are designed to preserve the property of the parties until the property is divided by a court order. See more ATROs
When mutual restraining orders are issued by a family law judge in California, both parties must be present at the hearing, and the court must make detailed findings that mutual restraining orders should be issued.
When a request for a domestic violence restraining order is filed through an Orange County domestic violence attorney, California Family Code Section 6306 requires the judge to review the criminal record of the alleged abuser. If the alleged abuser has a conviction for a violent felony or a misdemeanor for domestic violence, weapons or other violence, the court can use the information in its consideration to issue a restraining order in the current family law situation. . . . Continue Reading. . . .
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