Your Options If You Are in a Relationship Where Domestic Violence is Occurring
Domestic violence is a serious issue that affects countless individuals and families. If you find yourself in a relationship where domestic violence is occurring, it’s important to know that you have options for protecting yourself and your children. Whether you need immediate assistance or are seeking long-term legal solutions, there are resources available to help you navigate this difficult time. At JWB Family Law, we are here to guide you through the steps necessary to ensure your safety and to protect your legal rights.
Immediate Action: Call 911
The first and most important step if you are in immediate danger is to call 911. If you or your children are in harm’s way, law enforcement needs to be involved right away. Police officers can help remove the violent party from your home, provide protection, and issue a criminal protective order if necessary. In cases where children are involved, it’s also important to contact Child Welfare Services to report the situation. Ensuring your children’s safety is paramount, and Child Welfare Services can intervene when necessary to provide additional protection and support.
Options for Pursuing a Restraining Order
Once you are safe and the immediate danger has passed, you have several options for obtaining a domestic violence temporary restraining order (TRO). A TRO can legally prohibit the abuser from coming near you or your children, providing an added layer of protection as you work to resolve the situation. There are three primary ways to move forward with filing for a restraining order:
1. Contact An Attorney
One of the most effective ways to pursue a restraining order is to work with an experienced family law attorney. At JWB Family Law, we assist our clients by preparing the necessary forms, drafting declarations, and ensuring that all paperwork is properly filed with the court. Having an attorney by your side can help you navigate the legal process, particularly if the abuser challenges the restraining order or if you need to address other issues, such as child custody or support.
Our attorneys will also represent you in court and provide advice on how to best present your case during the hearing. This can be a stressful and emotional time, and having an attorney to advocate for you can make a significant difference in the outcome of your case.
2. Visit a Domestic Violence Restraining Order Clinic
If you do not have an attorney, another option is to visit a domestic violence restraining order clinic at your local courthouse. In San Diego, these clinics are available during courthouse hours and offer free assistance to individuals seeking temporary restraining orders. The clinic staff can help you fill out the necessary paperwork and explain the filing process. This is a valuable resource for those who may not be able to afford legal representation but still need protection from their abuser.
3. Use Additional Resources
There are numerous resources available in San Diego County to help individuals affected by domestic violence. The San Diego County Bar Association’s website lists a variety of services that can provide guidance on obtaining a restraining order. Additionally, local shelters, domestic violence hotlines, and legal aid organizations can offer support and referrals for further assistance.
What Happens After Filing for a Temporary Restraining Order?
Once you file for a domestic violence restraining order, a hearing will be scheduled within 21 days. At this hearing, the court will determine whether the restraining order should be made permanent. During this process, it is critical to present your case clearly and provide any evidence of abuse, such as police reports, witness statements, or medical records.
If you have already filed for a restraining order and need help preparing for your hearing, or if you would like to begin the process of filing, JWB Family Law is here to help. We offer 30-minute consultations to discuss your options and guide you through the legal steps necessary to protect yourself and your family.
Contact JWB Family Law for Support
If you are in a relationship where domestic violence is occurring, it is essential to take steps to ensure your safety and the safety of your children. Whether you need immediate protection or are seeking long-term legal assistance, JWB Family Law is here to support you. Contact us today at (619) 234-6123 or visit our website at jwbfamilylaw.com to schedule your free consultation. Let us help you take control of your situation and secure the protection you deserve.
