Looking for a San Jose Domestic Violence Attorney?
Of course, not every instance of raised voices, disagreement, or tension will make for a winnable domestic violence case. As many Courts have become concerned that too many false or weak claims are being brought by parties seeking to gain unfair advantages in their case by overstating, puffing, or even lying about what happened. At The Law Offices of John H Perrott, APC we will listen to you and your concerns, and inform you about how the system works so you can make an informed and empowered decision regarding what your next step(s) should be.
We have been helping people in domestic violence situations similar to yours for close to two decades. Our attorney is prepared to protect your rights in court and seek court orders for the safety of your family. Schedule an initial consultation to learn more.
What is Domestic Violence in California?
Domestic violence comes in more than one form, but the driver behind its many forms is most commonly to maintain control over its victim. The drive of the domestic violence abuser to always be in charge is sometimes referred to coercive control. The victim of abuse is coerced into doing what the abuser wants to avoid abuse. Not all mean people can perpetrate domestic violence against you, as California Law defines (in Family Code 6200 et. seq.) the categories of relationships where domestic violence can happen, including married or domestic partners, persons who are dating or used to date, persons who live or lived together, or have a child together. If the person abusing you does not fit within the statutory list you may need to seek relief using something called a Civil Harassment Order, which has similar (but not identical) rules which will apply, for instance, to get a Civil Harassment Protective Order you generally will need to show two or more instances of harassment or abuse, whereas for a domestic violence protective order showing one clear instance of abuse may be enough.
California Law (Family Code 6203) generally states that “abuse” includes:
I) To intentionally or recklessly cause or attempt to cause bodily injury.
II) Sexual assault.
III) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
IV) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
The abuse in domestic violence cases is not limited to physical abuse. Abuse can be verbal (spoken), emotional, or psychological, like death threats or threats to take away something important to you, like your children or your immigration status. Abusers use a combination of tactics to control and have power over the person being abused. Read more about domestic violence and abuse. If you live in a tribal community in California and are experiencing domestic violence, click to get more information.
What to do if You Face Accusations of Domestic Violence?
Domestic abuse and harassment is a serious threat to many families, but manipulative accusations of nonexistent violence are an abuse of the legal system. If you are facing an unfair accusation of domestic violence from you ex, our domestic violence lawyer can help you parse carefully through the evidence to make your best effort at seeking justice. If your ex successfully obtains orders of protection, the court may force you to leave your home, and a CLETS (California Law Enforcement Telecommunications System) Restraining Order often comes with a legal presumption that you cannot share joint physical or legal custody of your child(ren). The consequences of allowing a false claim of domestic violence to wind its way through the court system and result in an unjust order may be much worse than you think.
The sooner you contact us, the more time we have to protect your rights.
Let Our Family Law Specialist Guide You Through the Process
San Jose Family Law Attorney John H. Perrott has about 20 years of experience in divorce and family law issues in California. He is a top-notch San Jose Divorce Lawyer and is committed to providing his clients with diligent and zealous advocacy in their divorce proceedings. If you need the assistance of a good Family Law Attorney to help your divorce case in California you should contact the Law Offices of John H. Perrott, A PROFESSIONAL CORPORATION, to set up a free 30 minute initial consultation.
Weekdays: 9 AM–5 PM
Family Law Divorce Attorney San Jose/Santa Clara/Alameda/San Mateo/Contra Costa County
Free 30-Minutes Domestic Violence & Family Law Consultation
Experience is critical. We've Handled Hundreds of Cases Over the Years and We're Ready to Help You.
Call 408-294-4600 for a Private and Comprehensive Consultation