Compassionate Attorneys Protecting You from Domestic Violence in Carlsbad, Oceanside & Vista
Obtain a restraining order from California family law court
When somebody you love hurts you or your child, the shock, anger and sadness can be paralyzing. Silverman & Silverman empowers you to take action to escape the abuse and to protect your family from harm. If you have been falsely accused of domestic violence, the effect on your family and relationship with your children can be equally damaging.
During the 20 years since our firm was established, we have witnessed the many changes in California's laws giving victims greater access to the protection of law enforcement and the courts. Our lawyers offer compassionate and respectful advice about your legal rights during a difficult time. We help you obtain a domestic violence restraining order forbidding your abuser from contacting you, and we pursue appropriate action in the courts to protect your children in child custody and visitation matters. If you have been falsely accused of domestic violence, we will vigorously defend your rights.
If you and your children are in immediate danger, call 911. If you are able to leave, take your children to the home of a family member or friend, a shelter or another safe place. By leaving your home, 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, which can be reached 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. The court then schedules a hearing to decide whether to extend the order and for how long. The abuser faces criminal charges and a potential jail sentence for violation of a restraining order. Our family lawyers help you prepare for your hearing and remain with you throughout the process.
Domestic violence 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, we 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
Our lawyers each have 20 years of experience guiding victims of abuse toward solutions. Attorney Alan Silverman has 15 years of experience in family counseling and psychology, and he was on the San Francisco Juvenile Dependency Panel from 1995 to 2008 litigating hundreds of child abuse and neglect cases.
Consult with our Carlsbad attorneys for help obtaining a domestic violence restraining order
To learn more about escaping domestic abuse, call Silverman & Silverman, Attorneys at Law at 760.512.3251 or 415.906.4142 or contact us online to schedule your free initial phone consultation. Sunday appointments are available.
From our law office in Carlsbad, we serve clients in Oceanside, La Jolla, Vista, Encinitas, Escondido, Rancho Santa Fe and throughout the San Diego area.