We Are Here To Support You In Cases Of Domestic Violence
Rombro & Manley LLP is experienced in obtaining restraining orders against perpetrators of domestic violence, as well as challenging orders that were brought improperly for the purpose of harassment or intimidation.
Protecting Yourself From Domestic Violence
If you are in immediate danger of domestic violence, we recommend you first:
- Find a safe place to stay: If you have a relative, friend or co-worker nearby and can safely make your way to their home or apartment, do so. You can also stay in a nearby shelter or a hotel or motel, if you are able.
- Contact the police and a domestic violence attorney: As soon as you find a safe place to escape from the danger with minor children and catch your breath, contact the police. They will ask you to provide a statement, so they can begin collecting evidence. Then, we recommend you contact a domestic violence lawyer to review your legal options. If you believe you are in imminent danger, we can file a temporary restraining order mandating that your abuser stays away.
Our domestic violence attorneys understand the impact of domestic violence charges on divorce proceedings as well as their impact on the lives of the family members involved.
How Can A Temporary Restraining Order Help Me?
The temporary restraining order (TRO) is a tool available to protect victims of domestic violence. A TRO can order the person restrained to move out of your house and not contact or go near you, your children, other relatives or others who live with you. A TRO will also make other orders, such as restraining a person from having a gun or directing the person to follow child custody and visitation orders, and pay child support or spousal support.
A TRO is temporary by nature and stays in effect until a hearing is held on a court date established at the time the TRO is granted. At that hearing, the protective order may be canceled or may become permanent for up to five years.
A domestic violence restraining order is available to a person who has been abused by someone in a close relationship with that person, such as a spouse, ex-spouse, boyfriend/girlfriend, former boyfriend/girlfriend or a relative. Abuse can be verbal or written as well as physical or financial.
A temporary restraining order is also available to a victim of stalking or civil harassment. Such harassment includes unlawful violence, and also includes a credible threat of violence, or other threatening actions directed against a person. A civil harassment restraining order is available when the harasser is a neighbor, roommate, co-worker or other nonrelative.
What Counts As Domestic Violence?
Domestic violence is a pattern of abusive behavior used by one partner in a relationship to gain or maintain power over another. Domestic violence comes in many forms such as:
- Physical: Physical domestic violence includes but is not limited to choking, hitting, slapping, grabbing, scratching, pinching, shoving, pulling hair and even denying the victim medical care.
- Sexual: Sexual domestic violence is the coercion or attempted coercion of nonconsensual sexual contact. This includes rape, attacks on sexual organs or body parts, and treating someone in a manner that is sexually demeaning.
- Emotional: Lowering another person’s self-esteem through acts such as name-calling, criticism, and diminishing their abilities or accomplishments are common examples of emotional domestic abuse.
- Economic: Economic abuse is defined as any instance in which one person makes or tries to make another person financially dependent by controlling financial resources, restricting access to money or even preventing them from going to work.
In most cases, abusers will combine many of these tactics to use on their victims.
What Happens If You Have Been Wrongly Accused?
In some cases, false domestic violence allegations can be used as a weapon against a spouse. False charges can have a negative impact on every part of a person’s life. In many cases, there is a presumption of guilt regardless of what the facts reveal. The falsely accused may lose their job or may be left to watch helplessly as relationships crumble or children are taken from their custody.
If a member of your family or household files domestic violence charges against you, you will first be required to vacate your home immediately. Unfortunately, sometimes this tactic is used for inappropriate reasons. The case will go to court and, if the court rules in favor of the plaintiff, you will likely be tasked with paying the plaintiff’s legal fees as well as your own. You will also likely be responsible for covering their medical bills and any other damages awarded.
Effect Of Domestic Violence On Divorce Proceedings
A finding by the court of domestic violence can have a serious impact on your custody orders and the outcome of your divorce.
If you are involved in a divorce proceeding and have either been the victim of domestic violence or subjected to a restraining order you feel is unjust, contact the domestic violence attorneys at Rombro & Manley LLP in Manhattan Beach, California, online or at 310-545-1900 for assistance.