Attorneys Providing Professional Legal Representation For Clients In San Diego County Who Need Our Help
- Domestic violence victims may be uneasy about asking questions and taking legal action, but the honest and compassionate attorneys at our law firm can help.
- The award-winning team at Fischer & Thiel, LLP consists of some of the most aggressive lawyers in the Oceanside community and throughout the state of California.
- We have years of experience and have become known as one of the best law firms in Oceanside partly due to our many positive online reviews, where we have earned
4.4/5 stars – based on 48 reviews
- You will work directly with a lawyer, not a caseworker when you hire Fischer & Thiel, LLP.
- Schedule a confidential consultation to speak to a top attorney about your domestic violence case today.
Domestic violence is a serious problem in California and throughout the United States. In fact, it is estimated that 10 million men and women suffer physical harm inflicted upon them by an intimate partner every year. It’s important for victims of domestic violence to remove themselves from the dangerous situation at their home, not only to protect themselves but also to keep the rest of their families safe.
But unfortunately, many victims think that they don’t have anywhere to go, so they feel as if they are stuck in a violent home. Help is available for domestic violence victims, both from law enforcement officers and the experienced family attorneys at Fischer & Thiel, LLP.
What Is the Definition of Domestic Violence in California?
Domestic violence laws vary by state. In California, an act of domestic violence is committed when a current or former spouse, significant other, roommate, or relative (either by blood or marriage) threatens harm or is physically violent towards you. Sexual assault, harassment, stalking, and the destruction of your personal property can also be considered domestic violence as long as the person who commits these acts falls into one of the previously mentioned categories.
How Can A Domestic Violence Attorney For Victims Help?
Domestic violence victims should get in touch with an attorney at law who can provide information and assistance as soon as possible about their situation. We will ask questions about your current situation to determine what action needs to be taken and how we can protect you from your abuser.
If you haven’t already done so, we can assist with reporting this crime to law enforcement so they can investigate the accusations and file criminal charges against the person accused of abuse. Reporting the crime is important because it means the information will be officially documented and the abuser can be held accountable for his actions.
At Fischer & Thiel, LLP, we also help clients that are domestic violence victims with other family law matters, such as divorce and domestic violence restraining orders. Domestic violence can affect certain issues in divorce proceedings, including who gets custody of the children and whether or not the abuser should be allowed visitation. For these reasons, domestic violence victims should never file for divorce without an attorney’s help. We will fight to reach a final divorce settlement that keeps you and your children out of harm’s way.
How Can A Law Firm Assist With Restraining Orders For Domestic Violence Victims?
In the state of California, domestic violence victims can ask for various protective orders to stop the harassment and also keep their abuser as far away from them as possible.
The first type is an emergency protective order, which can be issued any time of the day or night. This order is issued when a law enforcement officer believes that you are in immediate danger. To protect you, the officer will call a judge and request an emergency protective order. Although it goes into effect right away, it only lasts for five business days or seven calendar days, whichever comes first.
Before the emergency protective order runs out, apply for a permanent restraining order. The hearing for the permanent order will probably not be for a few weeks, so you will need to ask the court to issue a temporary order that will protect you in the meantime. These orders can provide immediate protection to victims of domestic violence. Most orders require the abuser to move out of the family home and refrain from making any type of contact with you.
Finally, there is the domestic violence restraining order (DVRO). Domestic violence victims—and their attorneys—will need to attend a hearing in order to obtain this type of order. During the hearing, the courts will listen to both sides before determining whether a permanent order should be issued. If it is issued, the order will remain in effect for up to five years. After five years have passed, the victim will need to request an extension. The judge can either extend the order by five years or make the order permanent.
Filing for all of these protective orders is imperative, but it can be challenging for domestic violence victims who are overwhelmed with emotion. Fortunately, our professional attorneys are here to help victims get the restraining orders they need to keep their family safe.
Seek Representation From the Domestic Violence Lawyers At Our Law Firm
Are you a victim of domestic violence? Let the experienced domestic violence attorneys at Fischer & Thiel, LLP help you remove yourself from this dangerous situation. With nearly 40 years of combined experience, our team of attorneys have the legal resources and knowledge to overcome challenging obstacles in domestic violence cases. Besides domestic violence, some of our many other practice areas include divorce, child support, child custody, mediation, juvenile court cases, prenuptial agreements, spousal support, and other family law matters.
We currently have four office locations in San Marcos, Carlsbad, San Diego, and Oceanside, however, we are proud to serve clients throughout San Diego County, North County, and all of Southern California. Learn more about working with our compassionate and experienced attorneys by reading the testimonials right here on our site.
Then, schedule a consultation so we can review your case, provide advice, explain your rights as a domestic violence victim, go over our legal fees, and discuss solutions that will work for you, including filing criminal charges and obtaining a restraining order. To schedule a consultation with a domestic violence attorney, please call our offices at 760-722-7646 or send us an email by filling out the form on our website today.