California domestic violence is governed by a body of statutory provisions known as the Domestic Violence Prevention Act (DVPA). The purpose of the Act is to protect individuals from physical abuse, harassment, sexual abuse, or other forms of statutorily enumerated harm at the hands of a spouse, partner, significant other, parent, child, or grandparent.
Under the Act, a victim can seek a restraining order against their abuser. The procedure to obtain a restraining order does involve filing a motion with the court, your declaration, and any evidence you can supply to prove your case.
The Law Offices of Nicola Fitzgerald has successfully obtained and defended against DVPA restraining orders. To find out if you or someone you know meets the legal requirements to obtain a restraining order; to determine what types of relationships meet the DVPA criteria; to file a DVPA restraining order; or to defend a DVPA restraining order against you, contact our office to set up a 30-minute initial consultation at no charge.
Within the confines of a domestic violence restraining order setting, other issues are typically intertwined. Many times there are children of the relationship, so child custody & visitation orders may be needed; child support and spousal support may also be at issue; additionally a divorce or legal separation may also be sought.
The Law Offices of Nicola Fitzgerald has solid experience assisting its clients through the emotional and painful realm of domestic violence. If you have been or are being abused, or are in imminent fear of abuse, please seek a safe place for your protection and contact law enforcement. Once you are safe, contact the Law Offices of Nicola Fitzgerald to speak with a domestic violence attorney.