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Domestic Violence Restraining Orders & Divorce in San Jose


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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