Domestic Violence and Restraining Orders

San Jose Domestic Violence and Restraining Order Attorney

Domestic violence cases involve physical violence or threats of violence to those in domestic relationships. Because of the serious nature of domestic violence cases, they are vigorously prosecuted in California. In domestic violence cases, many people are affected, including the victim, abuser, children and family members. If you are seeking a protective order or if you were wrongfully accused of domestic violence, contact the Law Office of David Yomtov, Attorney at Law, to schedule a confidential, no-cost case review.

Domestic Violence Parties

Domestic violence cases involve the following parties:

  • Present and former spouses
  • Present and former domestic partners
  • Parents of the same child or children
  • Present or former intimate, sexual or dating relationship
  • Those related to the other party by blood, marriage or adoption
  • Those presently or formerly living together in the same household
  • Typically these may include the mother, father, child, grandparents, stepparents, siblings, adult children, in-laws and others

Domestic Violence and Restraining Orders

Domestic violence abuse includes threats of harm as well as actual physical harm. Different types of abuse includes vague and specific threats, intimidation, stalking, and harassment, physical assault such as slapping, kicking, grabbing, blocking entrance to or exit from a room, and sexual abuse of any kind.

The victim may seek protection from the court in the form of a restraining order. There are several types of restraining orders, including:

  • Emergency Protective Order – available 24 hours a day, requested by authorities
  • Temporary Restraining Order – requested by victim in court, effective 20 – 25 days or until next court date
  • Permanent Restraining Order – lasts up to 3 years
  • Criminal Protective Order – ordered by the district attorney when criminal case is ongoing

Restraining Order Consequences

The restraining order can dramatically affect the defendant’s life. It may restrict them from going to their own home, prohibit child visitation or order supervised visitation, prohibit contact with the victim at home, work, school, in their vehicle or elsewhere, and prohibit them from possessing a firearm.

Wrongfully Accused of Domestic Violence?

Unfortunately, it is not uncommon for one party to falsely accuse the other of domestic violence, particularly in matters pertaining to pending divorce, spousal support and child custody. Domestic violence cases are often a matter of “he said, she said,” and are highly emotional in nature. Those who are wrongfully accused may have to move out of their own home and may not be able to see their own children. It is highly traumatizing for all involved.

David Yomtov, Attorney at Law

Attorney David Yomtov provides compassionate, aggressive legal representation to clients who are seeking protection from abusive relationships. We can help arrange restraining orders and protective orders. We also provide assistance in civil aspects in cases of those accused of domestic violence and can refer you to trusted criminal defense attorneys. To schedule a confidential case review, contact David Yomtov, Attorney at Law.

David Yomtov Attorney at Law

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