In Need of a Domestic Violence Attorney in San Jose?
The San Jose Domestic Abuse Attorneys at Feak & Revelo, LLP understand the all-consuming impact domestic violence can have on the breakdown of any relationship. Unlike in criminal courts, family courts have an expansive definition for acts of violence which routinely impact marriages, children, and romantic relationships. The San Jose Domestic Violence Attorneys at Feak & Revelo, LLP are leaders in this area of the domestic violence. Feak & Revelo, LLP and has extensive experience litigating all types of abuse allegations and continues to be one of the most sought-after domestic violence attorneys San Jose.
Types of Conduct that Qualify as Domestic Violence
If you are experiencing violence by your spouse, girlfriend, boyfriend, parent, someone who you live with or someone you share a child, you may be entitled protection by requesting a Domestic Violence Restraining Order. In order to apply for a Domestic Violence Restraining Order, you need to be able to outline the types of abuse you have experienced. It is critical that you include as many examples of abuse within your initial motion for a Domestic Violence Restraining Order. The Domestic Abuse Attorneys San Jose at Feak & Revelo, LLP can help you determine if the actions by your spouse or intimate partner entitle you to an order of protection.
It is important for parents to understand that you can also request an order of protection for your child if you believe that your child is being subjected to abuse or corporal punishment by the other parent. You do not need to experience abuse at the hand of your child’s mother or father in order to seek an order of protection on behalf of your dependents such as your children.
The California Family Code contains an intentionally broad definition of domestic violence which generally breaks down into four different categories. The Domestic Violence Lawyer San Jose at Feak & Revelo, LLP have experience litigating domestic violence issues in all four types of domestic violence.
Types of Abuse: Intentionally or Recklessly Causing Bodily Injury
The California Family Code contains an intentionally broad definition of domestic violence which generally breaks down into four different categories. The first category of abuse is when a person intentionally or recklessly causes bodily injury to another. Typically, this means that the abuser has committed a physical act of violence, and/or a mark or abrasion has been documented in some form. The mark or abrasion can include redness/bruising, scrapes, broken bones and other injuries. This type of violence is what people traditionally think of when someone says that they have experienced domestic violence.
Just because you do not have these types of injuries or documentation of those injuries does not mean that you are not entitled to an order of protection. If you believe your partner has physically attacked you or your child, and you need an order of protection, the Domestic Abuse Lawyers San Jose at Feak & Revelo, LLP are ready and able to get your family the protection you need.
Types of Abuse: Sexual Assault
Sexual violence is a particularly egregious form of domestic violence, often coupled with an element of dominance or control over their victim. Sexual violence between intimate partners can include unwelcome acts of touching or non-penetrative sexual acts through and including forcible sexual intercourse. If you or someone you know has been forced into an unwanted sexual act, the San Jose Domestic Abuse Lawyers at Feak & Revelo, LLP are here to help you get the protection you need.
Types of Abuse: Reasonable apprehension of imminent serious bodily injury
Domineering or controlling conduct by partners, spouses or significant others are common types of conduct that can serve as a basis for a domestic violence restraining order request. Occasionally, these acts of controlling conduct can include threats of harm to the victim or the victim’s children or other family members. If a person threatens to cause bodily injury to you or a family member, and the court determines that your fear of that threat was reasonable under the circumstances, you may be entitled to an order of protection. These types of threats can sometimes include threats to use firearms against another person when the victim knows that they have access to those firearms.
If you feel that your safety or the safety of your family members or children are being threatened by someone who is close to you, call Feak & Revelo, LLP to speak to one of our experienced San Jose Domestic Violence Lawyers today to get help.
Types of Abuse: Disturbing the Peace
The final broad category of abuse is contained within California Family Code Section 6320, which permits a court to issue orders “enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating …, falsely personating …, harassing, telephoning …, destroying personal property contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party”.
Disturbing the peace of a person is a continually expanding area of the law can include disturbing social media posts, unauthorized email access, excessive phone calls, electronic tracking, and other types of conduct. If you live with someone who is disturbing your peace in any of these ways, contact Feak & Revelo, LLP to see if you are entitled to an order of protection against this type of violence.
Filing an Emergency Request Due to Domestic Violence
California residents who are experiencing violence in within their marriage, romantic relationship or with someone they share a child, are permitted to seek an emergency request to the court requesting a temporary restraining order. These types of motions to the court are called “ex parte” applications for orders because they are confidentially submitted to the court and do not require you to provide the other person notice until AFTER the court has issued temporary emergency orders.
Many individuals who are experiencing violence by an intimate partner or spouse often don’t seek assistance because they are fearful of the financial and practical implications of that request. What many victims do not realize, is that the law allows victims to seek other types of protection orders within a motion for a Domestic Violence Restraining Order that can help give them a peace of mind.
Types of Requests: Other Protected Persons
If you are experiencing abuse or domestic violence of any kind, you may be concerned that submitting a motion to the court protecting you from your abuser may put other family members at risk. A common example of this is when a spouse is experiencing domestic violence by their spouse and they are concerned that if they get help, the violence they are experiencing will be redirected to their children. Fortunately, in California, a person who is experiencing domestic violence has the ability to include a list of “Other Protected Persons” on the request for a Domestic Violence Restraining Order motion. If the other protected persons are children, you can also request that your spouse have no visitation pending a hearing on the merits of your request. It is very important that victims of domestic violence provide a factual basis substantiating the request to add additional protected persons. If you are not sure who can qualify as a protected person on your restraining order motion, you can speak to one of the San Jose Domestic Violence Lawyers at Feak & Revelo, LLP who can help you determine who you can add to your request.
Types of Requests: Firearms, Firearm Parts and Ammunition
The immediate threat of harm that occurs when an abuser possesses firearms or ammunition is significant. Case law within the State of California and throughout the country has underscored the importance of protecting victims from gun violence after they file a request for a restraining order.
For this reason, when you file a motion for a domestic violence restraining order, your abuser is required to immediately turn over all firearms, firearm parts and ammunition to law enforcement. If you believe that your abuser owns firearms, it is important that you note all firearms and their location so that this information is immediately transmitted to law enforcement upon filing the order.
Types of Requests: No Contact with the Victim
One way for victims to protect themselves from future harm from their abuser is to ask that the court make a no contact order. No contact means no direct contact phone calls, text messages, social media posts, or written notes. No contact also means no indirect contact including sending messages through family members or friends.
It is imperative that after this order is issued the victim does not try to initiate contact with the abuser (unless it is for court ordered visitation with minors). If the court granted your no contact order, but you still need to speak to your abuser about visitation or some other time sensitive matter, call the San Jose Domestic Abuse Lawyers at Feak & Revelo, LLP so that one of our attorneys can speak to you about the way to communicate with your abuser without undermining your request.
Types of Requests: Stay Away Order
Another mechanism victims may use in order to protect themselves, is requesting a stay away order. Specifically, victims can request that their abuser stay a specified distance away from their school, home, work or vehicle pending a hearing on the merits of the domestic violence restraining order request. It is important to note that if the court orders the abuser to have some form of visitation with the minor children, the only time there would be an exception to this provision is when it is necessary to execute visitation. If you are reviewing your motion for a domestic violence restraining order, and you are struggling to determine whether there are any exceptions to the stay away order in your case, please call Feak & Revelo, LLP to speak to a San Jose Domestic Violence Lawyer today.
Types of Requests: Protections for Pets and Animals
Domesticated pets and other animals are often important family members and, unfortunately, domestic violence can be directed to pets as a form of control over their victims. If you have experienced domestic violence or abuse of any kind and you would like to protect your pet from your abuser, it is important that you list your pet on your initial application for a domestic violence restraining order. Victims can list, dogs, cats, fish, turtle, horses, and any other type of domesticated or non-domesticated pet on their motion to the court. The San Jose Domestic Violence Attorneys at Feak & Revelo, LLP are pet lovers and want to help you protect your furry friends.
Types of Requests: Health Insurance
If you are married and you share health insurance with your abuser, you can request that your spouse be disallowed from being able to make changes to the insurance coverage while your request for a Domestic Violence Restraining Order is pending. This includes a court order preventing the abuser from cashing, borrowing against, transferring, cancelling, or changing the beneficiaries of coverage.
Types of Requests: Record Communications by Abuser
California is known as a two party consent state and under very limited circumstances a person may secretly record another person within their home. If a victim of domestic violence believes that there is a potential for future acts of violence (for example during visitation exchanges for minor children), a victim of domestic violence can request an order that they be permitted to record their abuser. This provides an additional layer of protection for the victim and a layer of accountability for the abuser.
Types of Requests: Debts Owed for Property
One of the most common concerns vocalized by victims of Domestic Violence is fear for their financial stability while requesting a domestic violence restraining order against their abuser. Financial abuse causes a ripple effect and fear for the victims financial wellbeing. Fortunately, if a victim needs an order of protection, the victim also has the ability to request a temporary court order that their abuser continue to pay for their share of the living expenses while the Domestic Violence Restraining Order request is pending. For example, if you are a stay at home parent and wholly rely upon the other parent to pay rent and your car payment, you have the ability to request that your abuser continue to pay the rent and the car payment while the restraining order is pending. Even if your abuser is ordered to vacate your home, the abuser can still be ordered to pay for their portion of the bills and should be included on the initial application for a restraining order. If you are worried about your financial well-being or have experienced financial abuse at the hands of your spouse or significant other, the San Jose Domestic Abuse Lawyers at Feak & Revelo, LLP are ready to help you evaluate what types of debt request to include on a restraining order motion.
Types of Requests: Transfer of Wireless Phone Account
Electronic tracking is an increasingly common form of domestic violence often referred to as coercive control. If your spouse has been using your phone to track you or has violated your privacy by looking at your private messages on your phone or call history, there may be a court order to assist you. Specifically, in your request for a Domestic Violence Restraining Order, you can request a court order that your spouse release your cell phone number to a new account. Once your account is fully within your control, cell phone providers have a variety of ways to make sure your information is kept secure and firmly away from your abuser. Contact a San Jose Domestic Violence Attorney at Feak & Revelo, LLP who have years of experience helping victims get control back over their cell phones and other technology.
Types of Requests: Expenses Caused by Abuse
Domestic Violence can sometimes include acts of violence that causes personal property damage or medical expenses. For example, if the abuse you suffered included a visit to the hospital for injuries or broken items within your home, you may want to consider adding on this expense to your domestic violence restraining order motion to the court. At Feak & Revelo, LLP, we are sensitive to the fact that domestic violence can sometimes include a very real financial cost. Contact a San Jose Domestic Abuse Lawyer at Feak & Revelo, LLP who are equipped with the tools to evaluate the financial burden caused by domestic violence.
Types of Requests: Child Support, Spousal Support and Attorney Fees
Supporting your family through a request for a Domestic Violence Restraining order request often includes requests for child support, spousal support and Attorney fees. It is important that you select a San Jose Domestic Violence Attorney who seeks financial support orders so that you have the financial means to provide the emotional support for healing. Depending on your circumstances, you may be able to request these types of court orders within your Domestic Violence Restraining Order request. Contact a San Jose Domestic Abuse Attorney at Feak & Revelo, LLP so that you can get the financial support you need for your family.
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