Restraining Orders

DOMESTIC VIOLENCE RETRAINING ORDERS OFTEN RESULT IN OR COME WITH OTHER LEGAL ISSUES AND CONSEQUENCES, INCLUDING OTHER CASES:

When an alleged incident of Domestic Violence takes place or is reported to the authorities, such as: the police, social services, and/or third party persons and mandated reporters such as teachers, therapists etc. doctors. Usually a cross-referral takes place.****

Just one example of a cross referral would come about in the following manner: a person reports an altercation which is alleged to have happened in the family house via a 911 call. This 911 call results in the police coming out and conducting an investigation about the incident. The alleged abuser(s) should be cautious in making any statement whatsoever to the authorities, as these will be encompassed in a police report for purposes of a potential prosecution. Further, the general rules and principles explained in any criminal investigation would apply here as well, please feel free to refer to the appropriate section of this web-sight.

To continue with my example, if some evidence of an altercation is revealed through a cursory investigation by the police at the scene. This would result in several other cross-referrals made by the Police Department, especially if children are in the house. This even if the children are not directly when the incident occurred.

The direct result usually means you are now dealing with Police investigation and possible criminal consequences. Also a concurrent investigation involving the Department of Children and Family Services (also known as DCFS). So frequently you have both a police investigation and a DCFS case which is designed to keep the Welfare of you children as the focus. Sometimes the police will issue an emergency restraining order, imposing a restriction on the alleged abuser from coming within 100 yards of the family.

We here at McNamara & McNamara, with our uniquely qualified background to address professionally, and effectively all related consequences. We do this with a collective and a cohesive approach to all aspects of any resulting matters. Sometimes if we are involved early enough we can prevent legal matters from being filed by setting up a solution focused plan.

Bottom line weather you are a victim or an alleged abuser, we can help you in these difficult times. Please contact us with you inquires and let us help you in these difficult times.

**** When you see this font, it refers to a mixture of practical experience considering the legal issues and with much thought about the law, parties involved and the related factual circumstances which are different in every case. The attorneys at McNamara & McNamara, are trained professionals and this language and approach for each case is tailored to suit the individual and family needs. This decision making process but it is coupled with a lengthy experience and training over many years of schooling and representing many clients in such matters. Therefore, be forewarned that the information contained herein should not be used in your case without the legal expertise and background.

BELOW IS A DESCRIPTION OF THE COURSE AND LIFE, AND THE LEGALITIES INVOLVED IN AND WHEN A PERSON SEEKS A DOMESTIC VIOLENCE RESTRAINING ORDER WITHIN THE LEGAL SYSTEM.

Available Orders In Domestic Violence Cases

Whether actual or threatened acts of domestic abuse occur within or without a marital relationship, "protective orders" identical to those available in a marital proceeding may issue ex parte and/or on noticed motion in an independent action commenced under the Domestic Violence Prevention Act (DVPA, Ca Fam § 6200 et seq.).

The DVPA is intended to prevent the recurrence of acts of domestic violence and to provide for a separation between the parties involved for a period of time sufficient to enable them to seek a resolution of the causes of the violence. [Ca Fam § 6220]

An alleged domestic violence victim is a "protected person" under the DVPA and thus entitled to the benefit of a DVPA order only if he or she fits one of the descriptions contained in Ca Fam § 6211 (providing that domestic violence is "abuse" perpetrated against specified classifications of persons).

****It should be noted and treated that these cases if such an order is granted have serious long term effects upon the parties. If granted, the names and order will be imposed into a data based where law enforcement officials shall have access and this history could be used against you. Also, if the order is imposed and you are within in a certain profession you may lose that profession altogether, such as a military person, a police person etc.

Categories Of Protected Persons

The person seeking a DVPA remedy as a "protected person" must fall into one of the categories described in Ca Fam § 6211: