Restraining Orders / Domestic Violence
Temporary Restraining Order Lawyer
Protective Order Lawyer
Domestic Violence Lawyer
Emotions can get out of control in a divorce. Anger, misunderstandings, and even manipulation of the justice system can result in criminal charges of domestic violence or civil domestic restraining orders. All it takes is an accusation and a hearing... and you may be forced out of your home and/or kept from seeing your child for three weeks or several months.
What is becoming more prevalent in Custody cases (in as much as 1/3 of the cases that we see), is women and mothers taking advantage of the justice system by falsely accusing men and fathers of domestic violence. (Read below: How is the System being used against men?)
If you have been given notice of an ex parte (emergency) hearing or otherwise and the accusation against you is criminal or civil domestic violence, you need to get an attorney to represent you in that hearing to protect you. Most men that do not get proper representation in these matters, needlessly lose their case. Do not let the charges go unanswered and do not plead the case out before talking to the domestic violence lawyers at DADSLAW, INC. We can advise you concerning your options.
Protect Yourself in a Domestic Violence Case
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Sometimes men and dads, in an effort to keep a situation as calm as possible, will not argue about charges of domestic violence. Did you know that pleading a domestic violence case out is the same as a guilty charge, and you will probably lose complete custody of your child? Even a civil restraining order can keep you from being able to see your children without the police or authorized supervisor being present. A restraining order against you can be filed without witnesses and with no evidence. Our domestic violence attorneys can help you fight the allegations found in a protective order.
If you have been notified of an emergency hearing regarding a temporary restraining order or protection order against you, call DADSLAW, INC. to request an attorney be present with you in the hearing to protect your rights and fight for your innocence. A Temporary Restraining Order or Protective Order against you may prevent you from being able to exercise your visitation rights with your children.
If you have been charged with criminal domestic violence, DadsLaw can represent you. These charges can affect you and your children for years to come. Do not let false allegations or misunderstandings prevent you from being an active, involved father. DADSLAW, INC. can help you protect your parental rights.
Is your spouse or the mother of your child abusing you or your child?
If your violent spouse or your child's mother is abusing you or your child, we can help you obtain a temporary restraining order and/or a protective order. Violence and abuse are not right, especially if the children observe it or are on the receiving end of it. We represent men accused of violence as well as men and children who need court ordered protection. Even the intentional destruction of property is considered to be domestic violence.
No matter where you live, if you are a dad and you have a divorce or family law case, call the divorce lawyers experienced in fighting for the rights of men and fathers – DADSLAW, INC. We represent men in divorce and custody matters in Southern California and throughout the nation .
HOW ARE WOMEN AND MOTHERS ABUSING THE DOMESTIC VIOLENCE JUSTICE SYSTEM IN FAMILY LAW MATTERS?
Normally, a court date for a family law matter is scheduled by the court for 4-8 weeks away before being heard in court. With this in mind, most states and counties have a system in place to expedite ‘emergency’ type matters, such as domestic violence. This process is known as an Ex Parte Hearing. Ex parte hearings are usually heard the same day as they are filed or the following day. Depending on the issue, the filing party only needs to give 4 to 24 hours notice on the other party before the court hearing. In the case of domestic violence, it is usually only 4 hours. And in some cases, notice can be left on your answering machine or voicemail after you have gone to work in the morning.
This system is in place to protect those people (usually women or children) that are in immediate danger or eminent harm and need the court to force an abusing spouse or parent out of the home or keep the abuser away from the abused.
There doesn’t need to be much evidence since the judge only needs to ‘believe’ the abused person’s story … that they are being abused, have been abused, or are in fear of their ongoing safety. So when a woman files a domestic violence charge and requests that her husband or boyfriend be removed from the home and he be kept away from her, the courts generally oblige, unless the husband or boyfriend has a good attorney to help them fight the charge.
Most men in these cases are not already represented by a family law attorney, and 4 to 24 hours in not nearly enough time for men and fathers to hire an attorney and get the attorney to court in time. So in most cases, the accused man will not fight the charge or won't respond to the charge.
The court will grant the woman a ‘temporary restraining order.' The man will probably be forced out of his home, and will be restricted from any contact with the spouse or girlfriend and his children. If he is a father, this also gives the court the greenlight to take away any parental custody or visitation he may have. Minimally, his visitation will be reduced to infrequent visitation, which will probably be required to be ‘monitored visitation’ (another person will need to be with the father and child during every visit).
Many women who are getting ready to file for divorce, or mothers who are ready to battle fathers over custody of their child, are now abusing this system and using it to get men kicked out of their homes so that the women gain custody and control of the home and belongings… or mothers are using it against fathers to gain custody of their children without a fair hearing in court. Men do not realize how often this is happening and how easily the system can be used against them. Men also don't realize that if they are truly victims, that they can use the same laws to protect themselves and their children.
Some women completely fabricate lies of abuse or violence. Others will explode minor issues or altercations and use those instances against you.
Here are just a few examples of situations that can be used against you in a Domestic Violence case and that you do not have to tolerate when you are the victim:
1. Yelling or shouting at (or in front of) your spouse or live-in girlfriend or child.
2. Calling your spouse or live-in girlfriend or child names, or using profanity towards her or your child.
3. Slapping, spanking, kicking, shoving or any physical motion towards her or your child.
4. Threatening (verbally or by action) violence to her or your child.
5. Instilling any type of fear in her or your child.
6. Taking a phone from her or your child.
7. Physical destruction of any property (doesn’t have to be in front of her).
8. Keeping her or your child from leaving the situation, room, building or home.
9. Physically restraining her or your child.
If you feel like your relationship is on the rocks… be careful when it comes to your actions around your spouse, live-in girlfriend, or child. As long as the courts do not require any real evidence or proof of domestic violence in order to find domestic violence has been committed against the other party, this system can be used against you.
