Domestic violence exists where, in any relationship (e.g., between sexual partners, family members, or people who live or have lived together), a person causes bodily injury, sexually assaults, threatens, harasses, destroys personal property, or disturbs the peace of another. If you are a victim of such domestic violence or emotional abuse, one of our family law attorneys can help you obtain a "kick-out" or restraining order. A restraining order may direct the named party not to approach you, your home, work, or vehicle, and may prohibit any efforts to communicate with you, or to transfer money or other property.

            Time is of the essence when seeking a domestic violence restraining order. The longer a person waits to file a restraining order, the less likely the court is to believe that there is some emergency and that immediate orders are needed. This is not to say that the court will not ultimately grant a restraining order, but the order might not be granted on an emergency. Therefore, it is important to file a restraining order immediately after the domestic violence occurred.

            Restraining orders are registered in a statewide database. California Law Enforcement Telecommunications System or (CLETS) allows law enforcement access to all restraining orders that are entered and filed by family law courts. This makes restraining orders easy to enforce by law enforcement in any part of the state.

            In all domestic violence matters, we will do all we can to resolve such very personal and often painful legal matters as quickly and sensitively as possible. Getting early advice by one of our experienced family law attorneys can greatly impact the ultimate result.

            Each state has different laws regarding division of marital property. Thirteen states follow the community property system, where marital assets are split equally (California is a community property state). Any award of spousal support (alimony), or ongoing financial support from one spouse to the other, is made in conjunction with the distribution of property.