San Jose Domestic Violence Lawyer

Fighting for the Abused and Accused in Santa Clara

If you are in a relationship where you have been subjected to abuse, it is important that you seek help and protection. Domestic violence should not be ignored, as the problem will only get worse over time. Also, where children are involved, witnessing or experiencing first-hand domestic violence can have severe, negative, life-long effects on them. Situations such as these can also bring up great concerns about custody.

At Magdalena Law Group, our domestic violence attorneys are here to help you in your time of need. We can work with you to obtain a restraining order or fight false allegations against you. Domestic violence can happen to anyone, regardless whether you are a man, a woman, educated, high-earner, or with no resources to leave the relationship. Come forward and seek help today.

How Magdalena Law Group Can Help You

Whether your abuser is your spouse, partner, or other family member, you can turn to our San Jose domestic violence attorney for help. We will be by your side and take all necessary steps to protect you and your children. If the court finds that the other party perpetrated domestic violence and you have children together, the court will apply a presumption that the other parent should not have joint or sole custody of the children.

If you have been accused of domestic violence and need help responding to the allegations, our San Jose lawyers will guide you through the process and provide the best representation. We understand that there are two sides to each story. During our confidential consultation, we will patiently listen to you and will not judge you. Instead, we will try to find the best solution to help you address the difficult situation and help you move forward.

Understanding Restraining Orders & Protection Orders

Restraining orders are issued by a judge and can be obtained by filing a petition with the court. After the party seeking protection files a petition, the court decides whether the person will be issued a temporary restraining order on an ex-parte basis, i.e. without a court hearing. At the same time, the court sets a hearing date so that both parties can have the opportunity to be heard. At the hearing, both parties can present their evidence and witnesses. If the judge decides in the favor of a person seeking protective order, a permanent restraining order is issued for up to five years.

Do I Need a Lawyer for a Restraining Order?

Although it is possible to file or respond to a restraining order or order of protection in California without a lawyer, it is strongly recommended to retain experienced legal counsel when attempting this process.

• If you have been wrongfully accused of domestic abuse, you should immediately consult an attorney as these serious allegations have real-life implications not only in family court but also may result in negative criminal or immigration consequences.
• If you are a victim of domestic abuse (physical, emotional, or financial), you should seek legal advice to explore your options for protecting your and your children's safety, obtaining a restraining order, and securing custody and support orders to ensure you and your children are protected.

Our San Jose restraining order attorneys can stand by you throughout the process so you do not have to go through this alone.

How Does Domestic Violence Affect My Divorce?

Evidence of family violence or abuse can have an impact on decisions regarding child custody, child support, and spousal support. Courts take domestic violence seriously and will heavily consider these factors when making decisions in order to promote the safety and interests of a child and spouse.

Get a Free Consultation with a San Jose Domestic Violence Lawyer

Nobody should be subjected to abuse. If your spouse or significant other has taken any type of action against you or threatened you, it is time to take legal action. We're ready to help you anywhere in Santa Clara County.