Rancho Cucamonga Domestic Violence Attorney

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Domestic Violence Lawyer Serving The Inland Empire

Attorney Taylor WarnerDomestic Violence Restraining Orders (DVRO) are a very serious matter for both parties. Needing a DVRO means that your safety and welfare are at risk. Being subject to one could have restrictions on many of your rights and abilities, especially when you are still co-parenting children. You should always contact an experienced attorney at The Law Office of Taylor B. Warner, APLC when a DVRO is at issue.

When a DVRO has been entered, there could be sharp restrictions on the party to subject it. However, a DVRO may be necessary for protection under certain circumstances. While the court could grant a temporary order immediately, they need to hear from both parties before issuing an order on a more continuous basis. Everyone gets due process.

Call the Law Office of Taylor B. Warner, APLC immediately if you are either the victim of domestic violence or have been accused of it. One of our Rancho Cucamonga domestic violence attorneys will provide you with legal representation in either helping you seek the order or responding to a request for a DVRO. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.

The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.

When One Can Seek a DVRO

There are times when it becomes an absolute necessity to seek a DVRO for your own protection. You need intervention from the legal system to make this possible.

You could obtain a DVRO against someone that you have dated or had an intimate relationship with, including a spouse or a domestic partner. The criteria are that you or your children have been abused by this person. Abuse does not have to be just physical. They could also have subjected you to emotional abuse or threats, whether they occurred directly to you or online.

You would need to file forms with the court that would request a DVRO. You need to give details of the abuse that would persuade a judge to grant the request for a DVRO since it would have a significant impact on the person who is subject to the order. The judge could issue a temporary restraining order in advance of a court hearing, in order to protect you.

It is far from automatic that you would be granted the DVRO. You would need to carry your own burden of proof, which is a preponderance of the evidence (less than the beyond-a-reasonable-doubt burden in a criminal case). An attorney could help you apply for the order and represent you in any proceedings related to it.

What a DVRO May Prohibit

A DVRO could:

  • Order the affected person to remain a certain distance from you
  • Restrict any contact
  • Move out of the home (if the two parties are living together)
  • Order someone to surrender their firearms

A DVRO Can Have a Significant Impact on a Divorce or Custody Case

A DVRO would affect many aspects of your ongoing case. If there is a custody case between the two parties, the DVRO could make things more difficult. The two parents may not be able to communicate with each other about matters pertaining to the children. In addition, the existence of a DVRO could even affect the court’s custody determination. Even if a parent may see their children, they could be subject to supervised visits.

If you are the subject of a DVRO, the court granting the order would have dramatic effects on you. In addition to everything mentioned above, any finding of abuse could even impact finances and spousal support. Your ability to lead a normal life would be affected by the order. You have the right to counter any allegations of abuse and present your own evidence. However, you must respond when you are served with the forms requesting the DVRO. You may even need to give financial information that the court would consider when ordering some form of support.

If you fail to strictly follow the terms of any court order, you could even be jailed. Therefore, you should consult with an attorney if you are the subject of any request for a restraining order. You are entitled to due process before a more permanent restraining order is granted because it restricts your freedoms in some way. You can present your own side of the story for the court to consider.

Contact a Domestic Violence Attorney Today

If there are any instances of alleged domestic violence, both parties need their own domestic violence lawyer, especially when they may have an ongoing family law matter. Contact The Law Offices of Taylor B. Warner, APLC to get critical and timely advice for your case and to learn how it may impact your custody matter. Call us today at 909-466-5575 to speak with one of our domestic violence attorneys who can help you.

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