Folsom Domestic Violence Attorney

Representing Those in Need in Northern California

If you have been the victim of domestic violence from a spouse, partner, or anyone in your household, the first step is to call the police and find a safe place for yourself and your children. From there, you may also want to reach out to a compassionate and knowledgeable domestic violence attorney in Folsom.

Our team at the Law Office of Tiffany L. Andrews, P.C. can help you navigate the necessary next steps to ensure protection for your family. No one should have to experience the pain of domestic violence. Our attorneys are here to help you through this tough time safely.

If you’re experiencing domestic violence, don’t wait—contact us today at (916) 794-4576 for immediate assistance and legal support.

Seek a Protective Order

If you or someone in your family is being threatened, harassed, or physically abused, we can help you request an emergency protective order (EPO) or a temporary restraining order (TRO) depending on the circumstances of your situation.

An EPO may:

• Prevent the abuser from coming within a certain distance of you
• Grant you temporary custody of your children
• Prevent the abuser from entering your shared home

EPOs remain effective for five court days or seven calendar days. A temporary restraining order is a longer-term solution, as it lasts the length of time until you can have a hearing.

There are no filing fees when applying for a protective order due to domestic violence. Once an order is approved, it must be served to the other party. For your own safety, you can use a process server, the sheriff’s department, or a neutral third party to do this.

Understanding Domestic Violence Laws in California

Domestic violence is a serious issue in California, and the law is designed to protect victims and hold abusers accountable. In California, domestic violence is legally defined as abuse or threats of abuse between people who have an intimate relationship, such as spouses, domestic partners, or people who live together. The law covers a wide range of abusive behaviors that can occur in the home or other intimate settings.

The different types of domestic violence include:

• Physical Abuse: This involves hitting, slapping, kicking, or any other form of physical harm. It also includes choking or restraining someone against their will.
• Emotional and Psychological Abuse: This type of abuse can be harder to recognize but is no less harmful. It includes verbal attacks, threats, manipulation, and controlling behaviors meant to intimidate or belittle the victim.
• Financial Abuse: This occurs when the abuser controls or restricts the victim’s access to financial resources, making it difficult for them to support themselves. This can include limiting the victim’s ability to work or access money.
• Sexual Abuse: This involves any form of sexual activity without consent. It can be especially traumatic and involve physical or emotional manipulation.

How Domestic Violence Affects Children

Children exposed to domestic violence can suffer significant emotional, psychological, and even physical consequences. They may witness physical abuse or live in an environment of constant tension and fear. Over time, this can lead to anxiety, depression, and behavioral issues, including difficulty in school and problems forming healthy relationships.

Legal Options for Protecting Children:

• Custody Arrangements: If domestic violence is involved, the court may adjust custody arrangements to ensure the child’s safety. In many cases, a parent may be granted sole custody to protect the child from harm.
• Supervised Visitation: The court may order supervised visitation, where the abusive parent can only visit the child in the presence of a neutral third party. This ensures the child is safe during visitation.

The Importance of Documenting Abuse

If you are a victim of domestic violence, documenting the abuse is crucial for both your safety and legal protection. Here are some key ways to document:

• Photos: Take pictures of any visible injuries, damaged property, or unsafe living conditions.
• Medical Records: Keep a record of any doctor visits or treatments related to abuse. These documents can serve as evidence in court.
• Texts and Messages: Save threatening messages, emails, or texts from the abuser. These can provide a timeline of abuse and demonstrate a pattern of harmful behavior.

Documenting abuse is essential in court proceedings because it helps establish the seriousness of the situation. This evidence can strengthen your case for obtaining a protective order, securing custody, or seeking other legal actions.

FAQ - Domestic Violence in California

What should I do if I am in immediate danger from domestic violence?

• If you are in immediate danger, call 911 right away. The police can help ensure your safety and take steps to protect you.

Can I file for a restraining order if I am not married to the abuser?

• Yes, California law allows anyone who has experienced domestic violence to request a restraining order, regardless of marital status. This includes those who are dating, living together, or have children with the abuser.

What is the difference between an emergency protective order (EPO) and a temporary restraining order (TRO)?

• An EPO is typically granted quickly by law enforcement and is valid for up to five court days. A TRO is granted by a judge and can last longer, typically until a court hearing is scheduled, usually 20-25 days.

Can domestic violence impact my child custody case?

• Yes, if there is evidence of domestic violence, it can significantly impact custody decisions. Courts prioritize the safety of children and may adjust custody arrangements or visitation schedules to protect them from harm.

What happens if the abuser violates a restraining order?

• Violating a restraining order is a criminal offense in California. The abuser can be arrested and face penalties, including jail time and fines. It is crucial to report any violation to law enforcement immediately.

What resources are available for victims of domestic violence in Folsom?

• In Folsom, you can contact local shelters, counseling services, and domestic violence support groups. The Law Office of Tiffany L. Andrews, P.C. can also assist with legal representation and navigating protective orders.

Can I still get a restraining order if I do not have physical evidence of abuse?

• Yes, even without physical evidence, testimony from you and any witnesses, along with documentation like text messages or threatening behavior, can be used in court to support your request for a restraining order.

Work with the Law Office of Tiffany L. Andrews, P.C.

Our domestic violence attorneys in Folsom are most concerned about your safety. When we work with domestic violence victims, we are compassionate and listen carefully to their story so that we can guide them in the right direction to safety. We encourage you to contact us as soon as possible so that you can protect yourself and your loved ones effectively.

Need help with a domestic violence case? Contact us now at (916) 794-4576 to speak with an experienced attorney and protect your rights.