Domestic Violence Damages More Than Just One Person.
Our Lawyers Can Help You Stop the Pain.

Domestic violence is a serious situation that can quickly spiral out of control—especially if the cycle of abuse continues uninterrupted. According to the National Coalition Against Domestic Violence (NCADV), “intimate partner violence accounts for 15% of all violent crime” with “nearly 20 people” abused in some way every minute. That means more than 10 million men and women are facing abuse every year in the United States. It is easy to feel alone in these situations, but the good news is that there are resources and people that can help.

Our experienced San Jose domestic violence attorneys at Gomez Edwards Law Group, LLP can take a closer look at the issues you have concerning your domestic violence claim. Our lawyers are experts at building a strong domestic violence case that will protect you and your family through court proceedings and beyond.

What Is Domestic Violence?

Most people have a specific idea of what “domestic violence” means. However, the definition of domestic violence under California law is far more comprehensive than most individuals realize. California law recognizes that abuse can encompass mental, emotional and financial acts designed to control, intimidate or harass another. This means abuse can occur without there ever being any physical contact.

For example, when an individual places GPS tracking devices on a vehicle to track a partner’s movement—or an ex-partner makes continuous calls or sends repeated unwanted messages—this is considered domestic abuse. California law is expansive and flexible enough to protect individuals from many forms of harmful contact.

Additionally, the abuse does not have to be perpetrated by a spouse. Domestic violence restraining orders are available to anyone with a dating or familial relationship, or who has a child together. This means that an individual who stalks and attempts to coerce an ex-lover is considered a domestic abuser and an appropriate individual to file a domestic violence restraining order against.

What Is a Domestic Violence Restraining Order?

A domestic violence restraining order is one way that the law can help a victim of domestic abuse stay safe. This type of restraining order can last anywhere from a year up to five years. Even when the order has a limited duration, the victim can renew the order for either another term, or permanently if the individual still feels threatened by the abuser.

A restraining order can limit — or even prohibit — contact between the concerned parties, and a judge can approve more stipulations depending on the situation. For example, no restrained party may own firearms. Further, as a condition of every domestic violence restraining order, the restrained party must surrender any firearms they own. Additionally, the judge can order the restrained party to attend anger management counseling or drug testing.  When the individuals have children, the court can also include orders to protect the children, such as modifying custody arrangements and setting a visitation schedule. When it applies, the court’s order can also protect other individuals who live in the same residence and who also feel threatened by the individual.

Some people doubt that a restraining order will do any good because it is just a piece of paper. However, violating that order — even by a centimeter — can result in significant jail time (especially for repeat violations). When there is a “no contact” order, each phone call in violation of the order is a separate offense. Once violations of the order occur, it becomes a criminal matter that may subject the restrained party to criminal charges. For this reason, it is important to report all violations, no matter how trivial or brief the violation.

How Can Our Santa Clara Domestic Violence Attorneys Help Victims?

In cases involving domestic abuse, a top lawyer at Gomez Edwards Law Group can be your advocate and act on your behalf to prevent the other party from using legal proceedings to his or her advantage. For instance, our attorneys Natalie Gomez and Lauren Edwards will ensure that your rights are protected and will advise you on the best course of action for your circumstances. They are experienced in collecting evidence for trial and can speak to relevant witnesses who can help strengthen and prove your case. Even before a case goes to trial, our attorneys can help you get a restraining order (or another type of protection order).

Of course, there may be some things that a lawyer is unable to do, however, depending on your situation. So communicate with your lawyer thoroughly!  Do not be afraid to discuss your case with your attorney in great detail, ask any questions and raise any concerns that you may have. Upon hiring your lawyer, it is encouraged that you ask questions about his or her background, including how much experience (and success) he or she has with domestic abuse cases.

Still Have Questions? Contact Our San Jose Domestic Violence Attorneys Today

Are you one of the 10 million men and women who suffer abuse at the hands of his or her partner? Know that you have legal rights and options. More than that, you deserve to live a happy life, free from the violence and abuse that you have already tolerated for too long. One of the experienced San Jose domestic violence attorneys at Gomez Edwards Law Group, LLP can help secure the safety of you and your family’s future.

If you are in Santa Clara, California, then contact our office today to schedule a free initial consultation. We can evaluate your situation and determine the best course of action for your domestic abuse case. Call today to see how we can help you live a better, happier life.