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    The Legal Definition of Domestic Violence in California

    Last updated 3 years ago

    Under California law, domestic abuse involves abuse directed toward a spouse, former spouse, cohabitant, or prior romantic partner. In addition, domestic abuse refers to abusive behavior in second-degree family relationships, such as brothers or sisters. Any acts of violence or threats of violence can be classified as abuse.

    This video provides an overview of domestic violence, outlining what kinds of behavior classify as threats under California law. As the video explains, domestic abuse doesn’t just refer to physical violence, as death threats, throwing objects, and destroying property can all be considered abuse. If someone fears for his or her safety, it’s advisable to seek a restraining order against the abuser.

    For more information on California restraining orders, contact Moreno Family Law at (408) 266-9011. Our San Jose divorce attorneys encourage compromise in family law matters, exploring every avenue toward settling a client’s case out of court. Contact us online to set up a consultation with one of our experienced divorce attorneys. 

    How to Enforce a California Restraining Order

    Last updated 3 years ago

    Once the court issues you a restraining order, you should get copies of the restraining order and proof of service from the court clerk. One copy should be kept with you at all times in case you need to show it to the police, while the other copies should be kept in your car, purse, and other secure places. If the person you took a restraining order against violates the order in any way, you need to act immediately in order to protect your rights and safety. Here’s how:

    Call the police
    It’s a good idea to provide your local police with a copy of your restraining order. If the restrained person violates the order, call the police immediately. If the police don’t have a copy of the order, you can provide them with your personal copy. This allows the police to serve the order. Once the police arrive, make sure you provide them with a blank Proof of Personal Service to be filed with the court.

    Gather proof of the violation
    In order to prove that the restrained person violated court orders, you need to write down exactly what happened and get the names of any witnesses. If you’ve received a threatening voicemail message, make a copy. You should also print out any threatening e-mails, Internet postings, or threatening text messages. If you were injured in the incident, you should get copies of any medical or emergency room reports.

    Press charges
    You can ask your local police and district attorney to press charges against the restrained person for his or her violation. You can also file a civil contempt action in court, which asks a judge to punish the restrained person with five days of jail time for each violation.

    Moreno Family Law has been handling San Jose family law matters for more than 20 years. Led by Certified Family Law Specialist Marilyn E. Moreno, our firm represents clients in various family law issues, including divorce and child custody. To schedule a consultation, give us a call at (408) 266-9011.

    Signs that You Should Consider Getting a Restraining Order

    Last updated 3 years ago

    The decision to seek a restraining order can be very difficult and emotional, as it can involve restraining someone who you may have previously cared for. If you are trying to determine whether or not your situation requires a restraining order, remember that your safety and the safety of your children are the priority. A restraining order can help protect you from being harmed, making you feel safe to live your every day life.

    If your relationship has been characterized by abuse, then the abuse is likely to continue without proper protection. An abuser will likely try to control you when you attempt to break away from the relationship, which can result in harm without the support of the judicial system. In addition, a restraining order may be necessary if the abuser suffers from mental health problems and is easily angered, violent, or impulsive.

    To speak with a San Jose family attorney about securing a restraining order, schedule an appointment with Moreno Family Law. You can reach our office by dialing (408) 266-9011. You can also set up a consultation with one of our family lawyers by contacting us online. 

    An Overview of Abuse & Harassment Laws in California

    Last updated 3 years ago

    If you are the victim of abuse or harassment, the legal protection you need depends on the type of relationship you had with the abuser. It also depends on your age and the type of abuse you are experiencing. In California, there are four types of abuse or harassment cases that are handled in civil court:

    Domestic violence
    Domestic violence encompasses any abuse or threat of abuse in which the victim and abuser are married, domestic partners, divorced, separated, or previously involved in a romantic relationship. It can also involve close relationships that aren’t romantic, including parent, child, sibling, or in-law. It’s important to remember that domestic abuse doesn’t just refer to physical violence. It also refers to verbal, emotional, or psychological abuse.

    Elder adult abuse
    Elder adult abuse refers to abuse of someone 65 years or older or abuse of a dependent adult between the ages of 18 and 64 who suffers from mental or physical disabilities. Elder abuse encompasses any act that causes physical harm, pain, or mental suffering.

    Civil harassment
    Unlike domestic violence, civil harassment involves stalking, abusing, or sexually assaulting someone who isn’t closely related. However, it also encompasses abuse from extended family members, including aunts, uncles, nieces, and nephews.

    Workplace violence
    Workplace violence is defined in the same way civil harassment is defined. However, this form of abuse encompasses situations that happen primarily in the workplace. In workplace violence cases, either the employer of the harassed employee or the family of the employee asks for workplace protection. In order for an employer to obtain a restraining order on behalf of his or her employee, the employer needs to show the employee has suffered workplace harm and that the conduct isn’t allowed under a legitimate labor dispute.

    The family lawyers of Moreno Family Law of San Jose, CA can help you obtain or defend yourself from a restraining order. Led by family law specialist, Marilyn E. Moreno, our firm handles a range of family law issues, including divorce. For more information about our lawyers or areas of practice, call us at (408) 266-9011.

    Is Social Media Influencing Divorce Rates in the United States?

    Last updated 3 years ago

    With the technology available today, it’s easier than ever to get in touch with old friends, romantic partners, or extended family members. Social media sites in particular allow you to constantly monitor how your friends spend their time and whom they spend time with. However, some criticize that Facebook connections and constant status updates can put additional strain on a marriage.    

    This news segment explores the question of whether or not Facebook is contributing to divorces across the country. Asking viewers to respond with their thoughts, this video illustrates the debate on whether social media encourages infidelity or simply provides an avenue for unfaithful behavior. It also touches on how Facebook postings can be used in a divorce proceeding. 

    At Monroe Family Law of San Jose, CA, we encourage settlement and compromise in our divorce cases. To schedule a consultation with one of our experienced and compassionate divorce attorneys, give us a call at (408) 266-9011. 

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