For many terminating marriages, domestic violence is a causal issue. In other instances domestic abuse can occur when the other spouse becomes angry that divorce papers have been filed. In either case, the victim may need to seek a protective court order against the perpetrator. A San Diego family attorney will help you through this process.
While being the victim of domestic violence can be terrifying, the good news is that the law is on your side. It is illegal for an individual to commit assault, battery, or engage in threats to another person. Most district attorney offices have domestic violence units specifically established to help victims.
Penal Codes 273 and 243 deal with spousal battery and child abuse, while PC 422 relates to criminal threats. Depending upon the nature of the acts, domestic violence may be treated as a misdemeanor, or even a felony.
If you or your child is in imminent danger, you should seek an Emergency Protective Order (EPO). This is issued by law enforcement and remains valid for five days. An EPO is, in effect, a provisional order, designed for the purpose of providing you immediate protection as you work with your San Diego family attorney to obtain an order from the district attorney’s office.
The nature of the domestic violence will determine which type of restraining order you will need. The options are:
If your estranged spouse violates a restraining order, he is subject to arrest.
If you need help with obtaining a restraining order or have another family law concern, a San Diego family attorney can help. Call for a consultation today at (619) 866-3756.