Domestic violence charges can have a serious impact on the rest of your life. If you have questions about domestic violence issues, contact our firm to schedule a consultation with an experienced criminal defense attorney today.
Answers to Your Domestic Violence Defense Questions
Domestic violence charges can have a serious impact on the rest of your life. If you have questions about domestic violence issues, make sure you talk to an experienced criminal defense lawyer before you make any decisions. I am David J. Larkin, Attorney at Law, and from my law offices in Walnut Creek, I can answer your questions, help you build your defense, and protect your rights.
Do Not Go to Jail
Contact David J. Larkin, Attorney at Law
Thank you for contacting David J. Larkin, Attorney at Law. Your message has been sent.
Call us now
or use the form below.
If you have been accused of domestic violence, you need to make sure that you get the skilled criminal defense representation you deserve. From my Walnut Creek, California offices, I have been protecting the rights and interests of people facing a wide assortment of criminal charges in Contra Costa County and the San Francisco Bay area since 1980. Contact me today to schedule a free initial consultation.
Domestic violence allegations often come down to the word of one person against the word of another. I will make sure that your version of events is fully, fairly and persuasively presented. Dedicated to criminal defense, I know how to tailor your defense to the specific circumstances of your case. Call 866-616-7714 or contact me on-line today for a free initial consultation.
Orders of Protection
Protective orders are used to prevent contact between victims and alleged domestic violence abusers. These orders can have a serious impact on the freedoms and abilities of those who are subject to them and can affect divorce and child custody proceedings. Contact David J. Larkin, Attorney at Law in Walnut Creek, California, today to schedule a consultation with an attorney to learn more about the consequences a protective order can have for you or a family member.
What is a Protective Order?
Victims of domestic violence can petition the court for a protective order to stop threatening or harassing behavior. The behavior complained of does not have to be physical violence. To issue the order, the court must be convinced by sufficient evidence that the person requesting the order has been abused or has been credibly threatened with violence. Protective orders are usually issued for a limited time, but also may be permanent. They generally require someone accused of domestic abuse to stop the abuse and also may require:
- Vacating a shared residence
- Prohibiting contact with the victim
- Avoiding the victim's premises
- Returning personal property and/or marital property
- Paying child support and/or spousal support
- Paying the mortgage or other bills
- Attending counseling for domestic violence, anger management, drug or alcohol abuse
To enter a protective order against someone, he or she must receive notice of the order and be given an opportunity to challenge it. In some instances, however, the court may issue an emergency temporary protective order (called an "ex parte order") without providing notice or an opportunity to be heard to the alleged abuser. In these cases, the court will set a date for a formal hearing to provide the alleged abuser the chance to defend himself or herself.
Who Do Protective Orders Apply To?
For the court to issue the order, the parties' relationship must be one described under the state's domestic violence statute. This usually includes:
- Spouses
- Ex-spouses
- Live-in boyfriends or girlfriends
- People who share a child
- Relatives, including parents, children and stepchildren
Some statutes require that the parties to the order currently live with one another, or lived with one another at one time or have access to the home residence. In other jurisdictions, the residence does not matter or only matters if parents, children or other relatives are the subject of the order.
Violating the Terms of a Protective Order
It is very important to follow all of the requirements of a protective order. Violating the terms in any way is a violation of the law and can result in criminal penalties, including jail time. If someone crosses state lines and violates a valid protection order, he or she also may be subject to federal penalties in addition to state penalties.
Speak to a Lawyer
The terms of a protective order need to be taken seriously. For more information on protective orders, contact David J. Larkin, Attorney at Law in Walnut Creek, California, to schedule a consultation with an attorney experienced in this area of the law.
Copyright © 2011 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
