Roseville Domestic Violence Lawyer
Domestic violence is rightly seen as a plague on our society and the law offers remedies to those who suffer abuse at the hands of someone close to them. Our attorney can work with victims to get the legal protections they need, for both them and their children.
But the first step is to get somewhere safe. Find a family member or a trusted friend with which you can stay. Call The National Domestic Violence Hotlineat 1-800-799-7233. Then call our Roseville domestic violence lawyer to help with the legal mechanisms of protection.
The Law Offices of James-Phillip V.M. Anderson offer compassionate and collaborative legal counsel to people throughout Placer County, Nevada County, and Sacramento County. Call our Roseville domestic violence lawyers today at (916) 791-7273 or contact us online to arrange for a consultation.
3 Steps in Getting a California Restraining Order
A restraining order is what can be sought, and this goes in three different steps, the first to get immediate protection, and ultimately to putting long-term security in place.
Emergency Protective Order (EPO)
Getting an EPO requires calling a police officer. The officer will make the determination if the threat of violence is both real and imminent. The police can then place a call to a judge who can issue the order. It is important to note that judges are required to be on call at all times—24 hours a day, 7 days a week—to respond to requests for orders just like these. It doesn’t matter if it’s 3 AM in the wee hours of Saturday morning. If you’re in danger, call the police. The police can then get you emergency help. An EPO goes into effect immediately.
Temporary Restraining Order (TRO)
The EPO only lasts for one week, so it’s important to engage with our Roseville domestic violence attorney as quickly as possible. The next step will to be obtain a TRO, which will last from 20 to 25 days. At this point a hearing will be scheduled to consider the evidence and determine if a more permanent order is called for. The TRO is intended to protect the victim up until the hearing.
Permanent Restraining Order (PRO)
Please note that “permanent” is not meant to be taken literally. The typical PRO will last anywhere from 3-5 years. But that is substantial protection. Moreover, the order can be renewed if the abuser continues to be a threat.
The long-lasting nature of a PRO though, means that the standards of evidence will be higher. A judge needs a compelling reason to, for example, deny a father the right to see their child. The job of our Roseville domestic violence lawyer is to work with clients to obtain the kind of evidence they need.
Examples of this evidence might include threatening correspondence, be they emails or texts. If an abuse left threatening voice messages, those should be saved and introduced into the record as evidence. Direct physical evidence of prior abuse may prove exceptionally compelling in a hearing. Photos of bruises are one possibility. And if the victim ever had to go into an emergency room, there will be a record of that visit.
Get the help you need today. Call The Law Offices of James-Phillip V.M. Anderson at (916) 791-7273 or fill out our online contact form today .
Personal safety is the foundation of a secure life. No one should have to tolerate that being threatened in any way. Especially not when there are good legal remedies available, that we can help clients with.
Collaborative & Compassionate Legal Counsel
The Law Offices of James-Phillip V.M. Anderson aren’t here to judge people. We’re here to help them. Family situations, relationships, and marriages can get unfortunately messy for a lot of people, and when that mess leads to violence—or even the threat of it—we’re here to help victims act. We’ll work with you and for you to get the legal help needed to live in peace. From our Roseville office, we serve all of Placer County and our clients extend throughout Nevada County and Sacramento County.
Understanding Your Rights in Domestic Violence Cases
Navigating the complexities of domestic violence cases can be overwhelming, but knowing your rights is essential for your safety and peace of mind. At The Law Office of James-Phillip V.M. Anderson, we believe that informed clients are empowered clients. Our experienced legal team is dedicated to ensuring that you understand every aspect of your case.
Here are some key rights you should be aware of:
- Right to Protection: You have the right to seek protection from abuse through restraining orders and other legal means.
- Right to Privacy: Your personal information is protected, and you can request confidentiality during legal proceedings.
- Right to Legal Representation: You have the right to be represented by an attorney who will advocate for your best interests.
- Right to Seek Support: Access to counseling and support services is available to help you through this difficult time.
- Right to Report Abuse: You can report incidents of domestic violence to law enforcement without fear of retaliation.
Understanding these rights not only helps you make informed decisions but also empowers you to take action. Our team is here to provide the guidance and support you need every step of the way. Don't hesitate to reach out for a consultation to discuss your specific situation and explore your options.
Commonly Asked Questions About Domestic Violence
What Should I Do If I Am a Victim of Domestic Violence?
If you are a victim of domestic violence, your first and most crucial step is to ensure your safety. Seek shelter with a trusted family member, friend, or at a domestic violence shelter. If you are in immediate danger, call 911 or reach out to the National Domestic Violence Hotline at 1-800-799-7233 for urgent assistance. After securing your safety, contact a knowledgeable Roseville domestic violence lawyer who can help you understand your legal rights, options for protection, and the steps you can take to ensure long-term safety for yourself and your family.
What Is a Restraining Order, and How Can It Protect Me from Domestic Violence?
A restraining order is a legal tool that helps protect victims of domestic violence from further harm by legally preventing the abuser from contacting or approaching them. It can include multiple types of orders, such as an emergency protective order (EPO), temporary restraining order (TRO), and a permanent restraining order (PRO). The EPO provides immediate protection, while the TRO offers short-term security, lasting 20-25 days. A PRO can provide long-term safety, often lasting 3-5 years, and can be renewed. Consult with an experienced Roseville domestic violence attorney to ensure you take the necessary legal steps for your protection.
What Evidence Do I Need to Obtain a Restraining Order for Domestic Violence?
To strengthen your case for obtaining a restraining order, it's essential to gather and document all relevant evidence of abuse. This can include threatening emails, text messages, or voicemails from your abuser, as well as photographs of any physical injuries such as bruises or cuts. If you have sought medical attention, medical records from your doctor or hospital visits can also serve as compelling evidence. Keeping a detailed log of incidents of abuse and any interactions with your abuser will further support your claim for legal protection. An experienced Roseville domestic violence lawyer can help ensure this evidence is presented effectively in court.
How Our Experienced Roseville Domestic Violence Lawyer Can Help
Hiring an experienced Roseville domestic violence lawyer can be instrumental in navigating the complexities of legal proceedings associated with domestic violence cases. Here are several compelling benefits that underscore the importance of seeking seasoned legal representation:
- Legal Expertise and Specialization: An experienced Roseville domestic violence lawyer possesses in-depth knowledge of California's domestic violence laws. Specialization in this field ensures that they are well-versed in the nuances of such cases, enabling them to craft strategic defense approaches tailored to the specific circumstances of each case.
- Navigating the Legal System: The legal system can be intricate, and understanding the procedural intricacies is crucial. A seasoned lawyer is adept at maneuvering through court processes, ensuring that your rights are protected and that you have a comprehensive understanding of the legal proceedings ahead.
- Strategic Defense Planning: Domestic violence cases often involve complex emotional dynamics. A skilled lawyer can strategically plan a defense that takes into account the unique aspects of your situation, challenging evidence and presenting compelling arguments to protect your interests.
- Protection Against Harsh Penalties: Convictions in domestic violence cases can lead to severe consequences, including restraining orders, fines, and even imprisonment. An experienced lawyer will work diligently to mitigate these potential consequences, striving for reduced charges or alternative sentencing options.
- Effective Negotiation Skills: A seasoned Roseville domestic violence lawyer is skilled in negotiations, potentially leading to plea bargains or reduced charges. This negotiation prowess is crucial in seeking the most favorable outcome for your case, minimizing the impact on your personal and professional life.
- Comprehensive Understanding of Domestic Violence Dynamics: Domestic violence cases often involve complex interpersonal relationships. A knowledgeable lawyer understands the dynamics at play and can navigate the legal landscape with sensitivity, ensuring that the legal strategy aligns with the unique aspects of your case.
Hiring an experienced Roseville domestic violence lawyer is a crucial step in securing effective legal representation. From navigating legal complexities to strategic defense planning and effective negotiation, the benefits of experienced legal counsel are invaluable when facing domestic violence charges.
Call today at (916) 791-7273 or contact us online to set up a consultation with our experienced Roseville domestic violence lawyers.
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Frequently Asked Questions
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What if my ex isn’t paying child support?A:
The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.
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Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
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How do I get a restraining order?A:
If you are in imminent danger, call the police. If police concur that the threat of domestic violence is real and imminent, they can have a judge issue an emergency protective order that will last up to a week. Then your lawyer can help secure a temporary restraining order, which lasts for 20-25 days and is intended to keep you safe until the hearing. At the hearing, evidence of the need for long-term protection can be presented. If the evidence is persuasive, a judge may issue a permanent restraining order that can last as long as five years.