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Understanding Your Legal Options: Domestic Violence and Divorce
At WHITMARSH FAMILY LAW, PC, our Los Angeles attorney focuses on more than divorce, child custody, and child support, but also domestic violence, when it exists – as it plays an important role in how the family transitions safely into their new lives.
For more than a decade, we have represented victims of domestic abuse in California who are terrified to move forward with their divorce proceedings, fearing it will only further anger their spouse and jeopardize their safety. We completely understand, which is why our Los Angeles County attorney wants you to know your rights, so we can safely move forward together.
Marriage and Domestic Violence in California
The California Courts describe domestic violence as abuse or threats of abuse from a spouse.
Domestic abuse can be:
If you fear your spouse in any capacity, you may need protection during your divorce proceedings. At WHITMARSH FAMILY LAW, PC our domestic violence attorney in Los Angeles can help you determine which is the proper protective order for your circumstances, file the paperwork, and move forward quickly with your divorce so you can get your life back.
What Types of Domestic Violence Protective Orders Are Available Spouses?
Family law is all-encompassing, and personal matters can be difficult and confusing – especially when divorce is the topic. One of the things we hear most is that abused spouses have no idea that they can get a protective order against their abusive spouse before, during, or after they file for divorce. You can. And we can help.
The domestic violence protective orders available to spouses include:
Emergency Protective Order
Emergency Protective Order, or EPO, can only be issued directly through law enforcement, where officers will ask a judge to provide emergency protection. These orders are available 24 hours a day, are effective immediately, and can last up to seven days, giving the abused time to file a longer-lasting protective order.
Temporary Restraining Order
A Temporary Restraining Order, or TRO, is available through the courts and requires you to fill out paperwork and provide testimony before a judge describing your need for protection. The judge will make the decision to provide the order, which will last from 20 – 25 days until a further court appearance occurs.
Permanent Restraining Order
Although a misnomer, as “Permanent” Restraining Orders only last up to five years, they are issued by a judge during the court appearance that is scheduled upon receipt of a TRO. The order can be renewed at the end of its scheduled expiration, should the court deem it necessary.
Criminal Protective Order
Also known as a “Stay Away” Order, a CPO is filed when domestic violence incidents, or series of incidents, lead to the California District Attorney’s Office to file criminal charges against the abuser. The order remains intact during the criminal case and will remain for three years thereafter if the defendant is found guilty or pleads guilty.
How Can WHITMARSH FAMILY LAW, PC Help Obtain a Protective Order
At WHITMARSH FAMILY LAW, PC, our domestic violence attorney firmly view your safety as a priority. If you have children in the home, we can pursue protective orders to ensure their safety as well, until a judge can hear your case and determine the best way to legally proceed.
Our attorney will pursue the proper protective orders for your family by filing all necessary paperwork and using our experience and court connections to have your case reviewed quickly and effectively, so you will feel safe moving forward. The courtroom can be a complicated place without an attorney. Our lawyer will navigate the judicial system directly by your side, so you can feel confident about the process, and positive about moving forward.
Contact Our Experienced Attorney at WHITMARSH FAMILY LAW Today for a Free Consultation
If you are considering a divorce but feel unsafe in your home and are afraid of the next steps, contact our domestic violence attorney in Los Angeles, CA at WHITMARSH FAMILY LAW, PC today at (310) 552-3505. Our experienced family law attorney will walk you through the process and provide you with the best safety options available before establishing divorce parameters to lead you to a better life. Call us now to schedule a free consultation.
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