Protecting you from domestic violence or defending you against allegations
Obtain a restraining order from California’s family court
When somebody you love hurts you or your children, the shock, anger and sadness can be paralyzing. I work to empower you to take action to escape the abuse and to protect your Family Court from harm. Or, if you have been falsely accused of domestic violence, the effect on your Family Court and relationship with your children can be equally damaging.
In the 20+ years since my firm was established, I have witnessed many changes in California’s laws giving victims greater access to the protection of law enforcement and the courts. I offer compassionate and respectful advice about your legal rights during a difficult time. I help you obtain a domestic violence restraining order (DVRO) forbidding your abuser from contacting you and I pursue appropriate action in the courts to protect your children in child custody and visitation matters. Or, if you have been falsely accused of domestic violence, I will vigorously defend your rights.
Escaping abuse
If you and your children are in immediate danger, call 911. Do not delay. If you can leave, take your children to the home of a Family Court member or friend, a shelter or another safe place. You are not waiving your rights to your property in a divorce, which is unfortunately a common myth. You have helpful resources available to you to escape your abuser, including the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TTY), or online at www.ndvh.org.
How to obtain a protective order
To prevent your abuser from contacting you or your children, you can obtain a restraining order from the civil court. Usually, the Court issues an emergency order that becomes active as soon as your abuser is served a temporary restraining order (TRO) and then schedules a hearing to decide whether to grant a permanent order (DVRO), to extend it and for how long. The abuser faces criminal charges and a potential jail sentence for violating a restraining order. As a Family Court-law lawyer, I help you prepare for your hearing and remain with you throughout the process.
Domestic violence (DV) considerations in child-custody issues
The court considers whether spousal abuse occurred when making child custody and visitation decisions, even if your child was never physically harmed. Depending on your circumstances, I may motion the court to:
- Award you sole custody
- Grant supervised visitation to the other parent
- Deny visitation to a parent who is a serious danger to your children
- Order drug and alcohol testing in cases involving substance abuse issues
I have 20+ years of experience guiding victims of abuse toward solutions and 15 years of experience in Family Court counseling and psychology. I practiced as an attorney on the Juvenile Dependency Panel of the Unified Family Court Court of San Francisco County in that county’s Dependency Court, from 1995 to 2008 litigating hundreds of child-abuse and neglect cases.
Consult with my Carlsbad CA firm for help obtaining a domestic violence restraining order (DVRO) or opposing allegations
To learn more about escaping domestic abuse, call Silverman Family Law, APC, at 760-512-3251 or contact me online to schedule your free, initial phone consultation. Sunday appointments are available.
Silverman Family Law, APC, located in Carlsbad, California, serves clients in and around Carlsbad, San Diego, Vista, Escondido, Del Mar, Solana Beach, Rancho Santa Fe, Encinitas, La Jolla, Mira Mesa, Poway, Rancho Bernardo, San Marcos and all North County San Diego.
