San Jose Domestic Violence Lawyer
Fighting for the Abused and Accused in Santa Clara
If you are in a relationship where you have been subjected to abuse, it is important that you seek help and protection. Domestic violence should not be ignored, as the problem will only get worse over time. Also, where children are involved, witnessing or experiencing first-hand domestic violence can have severe, negative, life-long effects on them. Situations such as these can also bring up great concerns about custody.
At Magdalena Law Group, our domestic violence attorneys are here to help you in your time of need. We can work with you to obtain a restraining order or fight false allegations against you. Domestic violence can happen to anyone, regardless whether you are a man, a woman, educated, high-earner, or with no resources to leave the relationship. Come forward and seek help today.
How Magdalena Law Group Can Help You
Whether your abuser is your spouse, partner, or other family member, you can turn to our San Jose domestic violence attorney for help. We will be by your side and take all necessary steps to protect you and your children. If the court finds that the other party perpetrated domestic violence and you have children together, the court will apply a presumption that the other parent should not have joint or sole custody of the children.
If you have been accused of domestic violence and need help responding to the allegations, our San Jose lawyers will guide you through the process and provide the best representation. We understand that there are two sides to each story. During our confidential consultation, we will patiently listen to you and will not judge you. Instead, we will try to find the best solution to help you address the difficult situation and help you move forward.
Examples of domestic violence can include:
- Stalking (in person and cyberstalking)
- Excessive calls, texts, or other harassing behavior
- Verbal abuse
- Emotional abuse
- Physical abuse
- Sexual abuse
- Property damage
Restraining Orders & Protection Orders
Restraining orders are issued by a judge and can be obtained by filing a petition with the court. After the party seeking protection files a petition, the court decides whether the person will be issued a temporary restraining order on an ex-parte basis, i.e. without a court hearing. At the same time, the court sets a hearing date so that both parties can have the opportunity to be heard. At the hearing, both parties can present their evidence and witnesses. If the judge decides in the favor of a person seeking protective order, a permanent restraining order is issued for up to five years.
Protection orders can:
- Order the abuser to stop contacting you, including calling and texting
- Order the abuser to stop harassing you or stalking you
- Prohibit the abuser from going near your home or place of work
- Give you temporary custody of your children
Do I Need a Lawyer for a Restraining Order?
Although it is possible to file or respond to a restraining order or order of protection in California without a lawyer, it is strongly recommended to retain experienced legal counsel when attempting this process.
- If you have been wrongfully accused of domestic abuse, you should immediately consult an attorney as these serious allegations have real-life implications not only in family court but also may result in negative criminal or immigration consequences.
- If you are a victim of domestic abuse (physical, emotional, or financial), you should seek legal advice to explore your options for protecting your and your children's safety, obtaining a restraining order, and securing custody and support orders to ensure you and your children are protected.
Our San Jose restraining order attorneys can stand by you throughout the process so you do not have to go through this alone.
How Does Domestic Violence Affect My Divorce?
Evidence of family violence or abuse can have an impact on decisions regarding child custody, child support, and spousal support. Courts take domestic violence seriously and will heavily consider these factors when making decisions in order to promote the safety and interests of a child and spouse.
Request a Free Initial Consultation: (408) 601-4439
Nobody should be subjected to abuse. If your spouse or significant other has taken any type of action against you or threatened you, it is time to take legal action. We're ready to help you anywhere in Santa Clara County.
If you need help, please contact our San Jose team today to speak with our domestic violence lawyer.
I'm fortunate to have picked Magdalena Law Group to help me get through a very difficult and emotional divorce. Magdalena and ...- Former Client
I had hired Magdalena after I realized that my spouse had filed multiple cases in the Unites States and other country. All of ...- Former Client
Magdalena is absolutely brilliant, compassionate and highly efficient. She is a brilliant strategist and will help you ...- Former Client
Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had.- Sara
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I am pleasantly surprised that Magdalena finalized my divorce so fast.- Former Client
I felt like I could trust her with my case, if I had questions or concerns her and her assistant would respond back right away.- Family Client
They were able to quickly understand my case (even though I have not spoken to her in over a year) and get everything ready for court, which ended up in my complete favor.- Former Client