Domestic Violence Restraining Orders & Divorce in San Jose
Posted on Jul 9, 2019 12:20pm PDT
Contrary to popular belief,
domestic violence is not something that only plagues people who are poor and uneducated.
In reality, it affects families from all races, religions, and socioeconomic
classes – even the extremely wealthy.
What is Domestic Violence?
The California Courts define domestic violence as “abuse or threats
of abuse when the person being abused and the abuser are or have been
in an intimate relationship.” It’s also domestic violence
when the victim and abuser are closely related through marriage or by blood.
Abuse includes but is not limited to:
- Intentionally or recklessly physically hurting someone;
- Sexual assault;
- Emotional or verbal abuse;
- Harming the family pets;
- Threatening to hurt someone; and
- Harassing, stalking, threats, destroying someone’s personal property,
hitting, etc.
When someone is a victim of domestic violence, such as the spouse of the
abuser, he or she can ask the court for a domestic violence restraining
order, which orders the abuser to STOP the abuse. A restraining order
can also do other things, which we explain below.
Effects of a Restraining Order
A domestic violence restraining order can order the abuser to:
- STOP the abuse
- Stay away from the victim(s)
- Not contact the victim(s)
- Stay away from the protected persons in the order
- Stay away from the victims’ home, work, and school, etc.
- Move out of the family home
- Pay certain bills
- Not interfere with utilities
- Pay child support
- Pay spousal support
- Relinquish all firearms
- Stay away from the family pets
- Not change insurance policies
- Attend and complete a 52-week batterer intervention program
If you are a victim of domestic violence and you want a restraining order and a
divorce, we urge you to
contact us to meet with a San Jose divorce attorney at our firm. We can answer all of your questions and help advise you on
how to protect your parental and legal rights throughout the divorce process.
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