Domestic Violence

At Voloshko Law Office, PC in Walnut Creek, CA, our attorneys provide compassionate legal representation for domestic violence victims throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties. In California, domestic violence cases involve both legal protections for victims and potential consequences for alleged abusers.

1. What is Domestic Violence?

Domestic violence includes abuse or threats of abuse between individuals who have a close relationship, such as:

   •    Spouses or ex-spouses

   •    Dating partners or ex-partners

   •    Cohabitants or former cohabitants

   •    Parents and children

Abuse can be physical, emotional, sexual, or psychological.

2. Immediate Safety Measures

   •    Call 911: In an emergency, contacting law enforcement is crucial. Police can provide immediate protection and arrest the abuser if necessary.

   •    Emergency Protective Order (EPO): Police officers can request an EPO from a judge on behalf of the victim. This order provides temporary protection (up to 7 days).

3. Legal Protections for Victims

Victims can seek various restraining orders:

A. Temporary Restraining Order (TRO)

   •    File a Request for Domestic Violence Restraining Order at the local family court.

   •    A TRO can last until the court hearing (usually within 20–25 days).

B. Permanent Restraining Order

   •    Issued after a court hearing, this can last up to 5 years and be renewed.

C. Other Protective Orders

   •    Criminal Protective Orders: If the abuser is charged with a crime, the court may issue a protective order as part of the criminal case.

   •    Workplace Violence Restraining Orders: Employers can file these to protect employees from violence or threats at work.

4. Filing a Domestic Violence Case

Victims can pursue legal actions in civil or criminal courts, depending on the situation.

A. Civil Court

   •    Victims can file for a restraining order or custody modifications.

   •    May involve seeking child/spousal support and exclusive use of shared property.

B. Criminal Court

   •    When law enforcement arrests the abuser, the district attorney may file criminal charges.

   •    The abuser may face penalties such as jail time, fines, or mandatory counseling.

5. Custody and Support Issues

   •    Domestic violence can impact child custody decisions. California courts prioritize the child's safety and may restrict visitation for the abusive parent.

   •    Victims can request emergency custody orders through the family court.

6. Resources for Victims

Victims can access help through:

   •    National Domestic Violence Hotline: 1-800-799-SAFE (7233)

   •    California Partnership to End Domestic Violence

   •    Shelters: Provide safe housing and support services.

   •    Legal Aid: Many organizations offer free legal assistance to domestic violence victims.

7. Reporting and Evidence

   •    Victims should document abuse through photos, text messages, emails, medical reports, or witness statements.

   •    Law enforcement and courts rely on this evidence for investigations and hearings.

8. Court Hearings

At the hearing for a restraining order:

   •    Both parties present evidence and testimony.

   •    The judge decides on the duration and terms of the restraining order.

9. Violation of Restraining Orders

If the abuser violates the restraining order, victims should contact law enforcement immediately. Violations can result in criminal penalties.

Domestic violence cases can be emotionally and legally complex. Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a domestic violence attorney in Walnut Creek, CA.