Domestic Violence Restraining Orders Attorney in Modesto, CA
Domestic violence is a serious issue that impacts families across Modesto and throughout California. When a situation escalates to the point where safety is at risk, the legal system provides tools to protect victims and prevent further harm. A Domestic Violence Restraining Order (DVRO) is one such tool. At Scott Mitchell Law, we help clients navigate both the criminal and family law aspects of obtaining or defending against a DVRO, ensuring that their rights and safety are protected throughout the process.
Understanding Domestic Violence Restraining Orders
A Domestic Violence Restraining Order is a court order that helps protect individuals from abuse or threats of abuse from someone with whom they have a close relationship. This includes spouses, former spouses, domestic partners, co-parents, or anyone the individual has dated. A DVRO can order the restrained person to stop contacting, harassing, or coming near the protected party. It may also include provisions related to child custody, support, and property control. Violating a restraining order can lead to serious legal consequences, including criminal charges.
How to Obtain a Domestic Violence Restraining Order
To obtain a DVRO in California, the person seeking protection must file a request with the court and describe the abuse or threats they have experienced. The court may issue a Temporary Restraining Order (TRO) almost immediately to offer quick protection until a hearing can be held. At the hearing, both parties have an opportunity to present evidence and testimony. If the judge finds sufficient grounds, a permanent restraining order can be issued, lasting up to five years and renewable thereafter. Having a knowledgeable attorney guide you through this process can make a significant difference in presenting a strong case to the court.
Defending Against a Restraining Order
Being served with a Domestic Violence Restraining Order can have a profound impact on your life, especially when there are implications for child custody, visitation, and even your employment. It is important to take these proceedings seriously. At Scott Mitchell Law, we provide strategic defense for individuals facing restraining orders, ensuring that their side of the story is heard. We help clients gather evidence, prepare for hearings, and advocate for fair outcomes. In many cases, misunderstandings, exaggerated claims, or false accusations can be uncovered with a strong legal defense.
The Intersection of Criminal and Family Law
Domestic violence cases often involve both family court and criminal court proceedings. Allegations of abuse can lead to criminal charges such as assault, battery, or criminal threats, in addition to family court actions for restraining orders. At Scott Mitchell Law, we are uniquely positioned to handle both sides of these cases. Our experience in criminal defense and family law allows us to offer comprehensive representation, whether you are seeking protection or defending your rights.
Contact Scott Mitchell Law for Help
If you need assistance with a Domestic Violence Restraining Order in the Modesto area, Scott Mitchell Law is ready to help. Whether you are seeking protection from abuse or defending against serious allegations, we provide experienced, compassionate representation tailored to your situation. Contact our office today to schedule a consultation and take the first step toward resolving your case.