In either case, you need a criminal law firm with all the relevant experience to help you with this type of matter. San Diego lawyer attorney is a criminal law firm that frequently processes applications for domestic violence and intervention orders. We have specialized domestic violence lawyers to assist you.
How do I get a temporary domestic violence intervention order?
Domestic Violence Protection Act allows anyone to apply to the court for a provisional decree before any final facts are established.
The court must be based on probabilistic trade-offs, determine that it is necessary to issue a provisional order to:
Ensuring the safety of affected family members
Protect the property of affected family members, or
Protection of children who have been subjected to domestic violence by the respondent
If the police have issued a domestic violence safety warning to the family members of the victim, things will be slightly different.
This happens because the courts are unable to process their defense hearings shortly. This is also a very unfair situation. In general, a defense hearing does not occur within three months of the date of the first hearing of the decree.
This pair of respondents is very helpless, primarily if the decree covers the primary residence of the child or couple and places an injunction.
What happens to a domestic violence safety alert?
After identifying the following situations, the police officer will make a related application to his superior:
- Respondent is an adult
- The respondent’s cognitive awareness is clear
- No Family Court Order has been issued that would contradict the security warning order issued
- No domestic violence intervention order in force
- Decrees are necessary to:
- Ensure the safety of affected family members
- Protect the property of the affected family members, or
- Protect children who have been subjected to domestic violence by the respondent
Application submission time is outside office hours
The problem with the Domestic Violence Security Warning Order is that once enforced, and a complete interim decree is usually issued. Please refer to the explanation above for the undue influence that the respondent faced before appearing in court.
What actions can be considered as domestic violence?
Domestic violence can be the following behavior of a person (respondent) against a family member:
- Physical or sexual abuse
- Emotional or psychological abuse
- Financial abuse
- Threatening behavior
- Compulsive sex
Respondents show healthy or controlling action against a family member in any way that causes their family members to feel that their security is being threatened or that another family member is being threatened,
Exposing any of the above to a child, even if the child may be a third party
Bill clearly indicates that even if it is not a criminal act, it can also constitute domestic violence.