Domestic Violence Legal Help in Los Angeles

Domestic violence affects families throughout Los Angeles and surrounding communities. Whether you need protection from an abusive partner or family member, or you’ve been wrongly accused of domestic violence, The Law Offices of Seth C. Bowen provides compassionate, knowledgeable representation to protect your rights and safety.

Domestic violence cases are emotionally charged and legally complex. They intersect with family law matters, including divorce, custody, and support. The firm understands the sensitive nature of these cases and approaches each situation with discretion, respect, and strategic advocacy. The Law Offices of Seth C. Bowen serve clients throughout Los Angeles and the surrounding areas.

Domestic Violence Lawyers Who Understand What You’re Facing

The Law Offices of Seth C. Bowen recognizes that domestic violence cases require both legal knowledge and sensitivity to difficult personal circumstances. Whether you’re seeking protection or defending your reputation against false allegations, the firm provides personalized attention and clear guidance through the legal process.

From obtaining emergency protection to representing you in contested hearings, you’ll have an advocate who takes your situation seriously and works diligently to achieve the best possible outcome. The firm handles these cases with the discretion and professionalism they require.

What Is Domestic Violence Under California Law?

California law defines domestic violence broadly. It includes abuse or threats of abuse when the victim is:

• A spouse or former spouse
• A cohabitant or former cohabitant
• Someone you’re dating or used to date
• The parent of your child
• A family member (parent, child, sibling, grandparent, etc.)

Types of Abuse Covered

Domestic violence isn’t limited to physical violence. California law recognizes several forms of abuse:

Physical Abuse

• Hitting, slapping, punching, or kicking
• Pushing, shoving, or restraining
• Pulling hair
• Burning
• Using weapons
• Any intentional or reckless physical harm

Sexual Abuse

• Forced sexual activity
• Unwanted sexual touching
• Sexual coercion

Emotional/Psychological Abuse

• Threats of harm to the victim, children, or pets
• Intimidation and fear tactics
• Isolation from friends and family
• Extreme jealousy and possessiveness
• Constant criticism and humiliation
• Controlling behavior

Economic Abuse

• Controlling all finances
• Preventing employment
• Stealing money or resources
• Ruining credit
• Forcing economic dependency

Digital Abuse

• Monitoring communications
• Using technology to track or harass
• Sharing intimate images without consent
• Impersonating the victim online

Restraining Orders in California

Restraining orders (also called protective orders) are court orders that require someone to stay away from you and stop certain behaviors. California has several types of restraining orders.

Domestic Violence Restraining Orders

These orders protect people in domestic relationships (spouse, partner, family member, parent of your child). They can order the restrained person to:

• Stay a specific distance away from you
• Not contact you directly or indirectly
• Move out of your home
• Not own or possess firearms
• Stay away from your workplace, school, or children’s school
• Complete a batterer’s intervention program
• Pay spousal or child support
• Follow custody and visitation orders

Emergency Protective Orders (EPO)

Law enforcement can request emergency protective orders when responding to domestic violence incidents. These provide immediate protection and typically last 5-7 days, giving victims time to request longer-term orders.

Temporary Restraining Orders (TRO)

When you file for a restraining order, the court can issue a temporary order immediately if you demonstrate immediate danger. Temporary orders last until the hearing date (typically 2-3 weeks later).

Permanent Restraining Orders

After a court hearing where both sides can present evidence, the judge may issue a permanent restraining order. Despite the name, these orders typically last up to five years, after which they can be renewed.

How to Obtain a Restraining Order

If you need protection from domestic violence, the process involves several steps:

1. Complete the Forms

Fill out court forms describing the abuse and why you need protection. Be specific about incidents, including dates, times, and what happened.

2. File With the Court

Submit your forms to the court clerk. There’s no filing fee for domestic violence restraining orders.

3. Attend the Hearing

The court will schedule a hearing within 2-3 weeks. You must attend and present evidence of abuse. The person you’re seeking protection from can also attend and respond.

4. Obtain the Order

If the judge grants your request, you’ll receive a permanent restraining order. The order must be personally served on the restrained person by law enforcement or a process server.

The Law Offices of Seth C. Bowen can help you complete forms, gather evidence, and represent you at the hearing to obtain necessary protection.

What Protection Can Restraining Orders Provide?

Domestic violence restraining orders can include many protections:

Personal Conduct Orders

• No harassment, threats, stalking, or violence
• No contact by any means (phone, text, email, social media, through others)
• No coming near you at specified distances

Stay-Away Orders

• Stay away from your home
• Stay away from your workplace
• Stay away from your children’s school or daycare
• Stay away from other locations you frequent

Residence Orders

• Move out of the shared home
• Cannot return to take property without law enforcement present

Custody and Visitation Orders

• Temporary custody arrangements
• Supervised visitation if children are involved
• Protection for children named in the order

Property Orders

• Use of vehicles
• Possession of personal property
• Payment of debts

Support Orders

• Child support
• Spousal support during the restraining order

Other Orders

• Firearms restrictions
• Complete batterer’s intervention program
• Stay away from pets

Evidence in Restraining Order Cases

Strong evidence is crucial for obtaining or defending against restraining orders. Helpful evidence includes:

• Police reports from domestic violence incidents
• Photos of injuries
• Medical records documenting treatment for injuries
• Text messages or emails containing threats or harassment
• Voicemails
• Witness statements from people who saw abuse or its effects
• Previous restraining orders or criminal cases
• Records of calls to domestic violence hotlines
• Journal entries documenting abuse
• Evidence showing a pattern of behavior over time

The Law Offices of Seth C. Bowen helps clients gather and present compelling evidence to support their position.

Defending Against False Domestic Violence Allegations

Unfortunately, some people make false domestic violence allegations for various reasons, including:

• Gaining an advantage in custody disputes
• Forcing someone out of a shared home
• Revenge after a breakup
• Trying to control the other person
• Getting the upper hand in divorce proceedings

If you’ve been falsely accused of domestic violence, the consequences can be severe:

• Criminal charges
• Loss of custody or limited visitation with children
• Removal from your home
• Damage to reputation
• Loss of employment
• Firearms restrictions
• Immigration consequences

The Law Offices of Seth C. Bowen provides vigorous representation for people wrongly accused of domestic violence. The firm investigates allegations thoroughly, gathers evidence disproving false claims, and presents strong defenses at restraining order hearings.

The Restraining Order Hearing

At the restraining order hearing, both parties can present evidence and testimony. The judge will hear from both sides and make a decision.

What Happens at the Hearing

Petitioner’s Case: The person seeking the restraining order presents evidence first, including testimony and any documents or other evidence.

Respondent’s Case: The person accused of abuse can present their own evidence and testimony, cross-examine the petitioner, and call witnesses.

Judge’s Decision: The judge decides whether to grant, deny, or modify the requested restraining order. The standard of proof is “preponderance of the evidence” (more likely than not), which is lower than in criminal cases.

The Order. If granted, the restraining order typically lasts up to five years. Both parties receive copies of the signed order.

Having legal representation at restraining order hearings significantly improves your chances of achieving your desired outcome, whether you’re seeking protection or defending against allegations.

Violating a Restraining Order

Violating a restraining order is a serious matter with significant consequences:

Criminal Charges. First violations are typically misdemeanors with up to one year in jail and fines up to $1,000. Subsequent violations or violations involving violence can be charged as felonies.

Custody Impact Violations can be used against you in custody cases, potentially limiting your parenting time.

Extension of the Order Violations can result in extending the restraining order.

Additional Restrictions: The court may add more restrictive terms to the order.

If you’re accused of violating a restraining order, contact an attorney immediately. The Law Offices of Seth C. Bowen can defend you against violation allegations and protect your rights.

Domestic Violence and Child Custody

Domestic violence has a significant impact on child custody decisions. California law requires courts to consider domestic violence when determining custody and visitation.

Impact on Custody

When a parent has committed domestic violence:

• There’s a rebuttable presumption against giving that parent custody
• The court presumes that awarding custody to the abusive parent is detrimental to the child
• The abusive parent must overcome this presumption with clear evidence

Supervised Visitation

In cases involving domestic violence, the court may order:

• Supervised visitation at a professional facility
• Visitation supervised by a specific person
• Exchange of children at safe locations
• No overnight visits
• Completion of treatment programs before unsupervised visits

The Law Offices of Seth C. Bowen helps victims of domestic violence protect their children and assists parents wrongly accused of abuse in maintaining relationships with their children.

Domestic Violence and Divorce

Domestic violence often intersects with divorce proceedings. The presence of domestic violence can affect:

• Divorce Strategy: Safety concerns may require immediate protective measures and careful planning about how to initiate divorce.
• Property Division: Acts of violence may influence property division decisions in some circumstances.
• Spousal Support: Domestic violence can be a factor in spousal support determinations.
• Attorney Fees: Victims of domestic violence may be awarded attorney fees.
• Custody and Visitation: As discussed above, domestic violence significantly impacts custody decisions.

The firm coordinates restraining order proceedings with divorce cases to protect clients’ interests in all aspects of their family law matters.

Criminal Domestic Violence Cases

Domestic violence can result in criminal charges separate from restraining order proceedings. Common criminal charges include:

• Domestic battery (causing physical harm)
• Corporal injury to spouse/cohabitant (causing traumatic condition)
• Criminal threats
• Stalking
• Assault and battery
• Violation of a restraining order
• Child abuse or endangerment

Criminal cases have higher standards of proof than restraining order cases. While The Law Offices of Seth C. Bowen focuses on family law matters, the firm can refer clients to experienced criminal defense attorneys when needed and coordinate strategies between civil and criminal cases.

Resources for Domestic Violence Victims

Victims of domestic violence have access to various resources:

• Shelters and Safe Housing Emergency shelters provide safe housing for victims and their children escaping abuse.
• Hotlines and Crisis Support 24-hour hotlines provide immediate support, safety planning, and referrals.
• Counseling Services Therapy helps victims process trauma and develop coping strategies.
• Support Groups Connecting with other survivors provides community and understanding.
• Legal Assistance Organizations provide free or low-cost legal help for domestic violence victims.
• Financial Assistance Programs help with moving costs, security deposits, and other expenses when leaving abusive situations.

The Law Offices of Seth C. Bowen can connect clients with appropriate resources to support them beyond legal representation.

Safety Planning

If you’re experiencing domestic violence, safety planning is crucial:

• Keep important documents in a safe place accessible quickly
• Have a packed bag ready if you need to leave suddenly
• Plan where you’ll go if you need to leave
• Tell trusted friends or family about the situation
• Keep emergency numbers easily accessible
• Document abuse with photos, texts, and written records
• Consider changing the routes you regularly travel
• Vary your routine if possible
• Use technology safely (abusers may monitor devices)

The firm can help you develop comprehensive safety plans as part of your legal representation.

Modifying or Terminating Restraining Orders

Restraining orders can be modified or terminated before they expire:

Requesting Modifications Either party can request modifications to the terms of the order. Common modifications include:

• Allowing peaceful contact
• Permitting communication about children
• Removing stay-away provisions
• Adjusting distance requirements

Terminating Orders Early: The restrained person can request early termination of the order. However, the protected person must receive notice and can oppose the request.

Extending Orders: Before a restraining order expires, the protected person can request renewal for an additional five years by showing ongoing need for protection.

The Law Offices of Seth C. Bowen represents clients seeking to modify, terminate, or extend restraining orders.

Immigration Consequences of Domestic Violence

Domestic violence cases can have immigration implications:

For Victims

• VAWA (Violence Against Women Act) self-petitions allow certain domestic violence victims to seek legal status
• U visas may be available for crime victims who cooperate with law enforcement.
• Immigration status doesn’t prevent obtaining restraining orders

For Abusers

• Domestic violence convictions can affect immigration status
• Can be grounds for deportation
• May prevent naturalization

The firm works with immigration attorneys when domestic violence cases have immigration implications.

Why Choose the Law Offices of Seth C. Bowen for Domestic Violence Cases

When you need help with domestic violence matters, The Law Offices of Seth C. Bowen offers:

• Compassionate understanding of the sensitive nature of these cases
• Knowledge of California domestic violence law and procedures
• Experience with Los Angeles County courts
• Strategic advocacy, whether seeking protection or defending against allegations
• Discretion and respect for your privacy
• Coordination with related family law matters
• Clear communication during difficult circumstances
• Commitment to your safety and rights

The firm serves clients throughout Los Angeles and the surrounding communities.

Schedule Your Free Consultation

If you need protection from domestic violence or have been accused of abuse, don’t wait to get legal help. Early representation can make a crucial difference in the outcome of your case.

The Law Offices of Seth C. Bowen offers free consultations to discuss domestic violence matters. During your consultation, you’ll receive straightforward information about your legal options and how the firm can help.

Call (805) 222-6766 or visit https://sethbowenlaw.com/ to schedule your free consultation today.

Office: 19318 Ventura Boulevard, Suite 102, Tarzana, CA 91356

Frequently Asked Questions About Domestic Violence

• Is emotional abuse enough to get a restraining order?

• • • Yes. California law recognizes various forms of abuse beyond physical violence. Threats, intimidation, harassment, and controlling behavior can all support a restraining order.

• Do I need to file a police report before getting a restraining order?

• • • No. While police reports are helpful evidence, you don’t need one to obtain a restraining order.

• Can I drop a restraining order if I change my mind?

• • • Yes. The protected person can request dismissal of the restraining order. However, if criminal charges have been filed, those proceed separately regardless of the civil restraining order.

• What if we have children together?

• • • The restraining order can include provisions for custody and visitation, often including supervised visitation or safe exchange arrangements.

• Will a restraining order show up on background checks?

• • • Restraining orders are public records and may appear on background checks. They can affect employment, especially in certain fields.

• Can I defend myself without a lawyer?

• • • You have the right to represent yourself, but restraining order hearings are adversarial proceedings where evidence rules apply. Having an attorney significantly improves your chances of success.

• What if I can’t afford a lawyer?

• • • Some legal aid organizations provide free representation in domestic violence cases. The Law Offices of Seth C. Bowen offers free consultations and can discuss fee arrangements.

• How long does a restraining order last?

• • • Temporary orders last until the hearing date (2-3 weeks). Permanent orders typically last up to five years and can be renewed.

• Can a restraining order be issued if we’re not married?

• • • Yes. Restraining orders protect people in various relationships, including dating partners, cohabitants, and parents of shared children.

• What happens if I accidentally run into the person at a public place?

• • If there’s a stay-away order, the restrained person must immediately leave when they see you, even if the encounter is accidental. Failure to leave can be a violation.

Contact the Law Offices of Seth C. Bowen

Get the legal help you need for your domestic violence matter. Protect your safety or defend your rights with experienced representation.

Call (805) 222-6766 for your free consultation today.