Family Legal Ease - Family Law and LGBT Legal Services

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Domestic Violence

Anyone can be a victim of Domestic Violence. In our society Domestic Violence should not be tolerated. If you are a victim of Domestic Violence, DON'T WAIT, get help!

Under the Domestic Violence Prevention Act, abuse is defined as any of the following:

  1. Intentionally or recklessly causing or attempting to cause bodily injury.
  2. Sexual assault.
  3. Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  4. Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party.

 What can you do if you are a victim? You can ask the Court for a Restraining Order.  A restraining order is a court order issued to prevent the recurrence of acts of abuse by a batterer.

To obtain a Domestic Violence Restraining Order you MUST have, or have had, a close personal relationship with the party you are asking to have restrained. Under the law, a relationship is defined as "close" if at least one of the following is true:

  • You are married or were formerly married to the other party.
  • You have or formerly had an engagement or dating relationship with the other party.
  • You and the other party have a child or children together.
  • You are related to the other party by blood, marriage or adoption, e.g., (mother, father, in-laws, siblings, adult children).
  • You and the other party are living together, or formerly lived together, as members of a "household."

The act(s) of abuse/violence must be recent, within 30 days.

The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay away from the victim's home/work and/or children's school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders.

If you are a victim of Domestic Violence Download the Forms here for FREE. Fill out the forms and bring them to the Court Clerk.To locate the correct courthouse click here and look up your zip code.

Click here for the Domestic Violence Packet without Children.

Click here for the Domestic Violence Packet with Children. 

This process should not be abused by using it for any reason other than actual Domestic Violence. Unfortunately, it sometimes is misused and false allegations of abuse are filed with the Court. If you have been falsely accused of Domestic Violence you should file a Response, denying having committed the abuse. 

Click here for the Response Packet to an Application for Restraining Order and allegation of Domestic Violence. 

Other Helpful Resources

San Diego Regional Domestic Violence Phone List
 

Women's Only Shelters
Domestic Violence Hotline     (800) 799-SAFE (800) 799-7233
Salvation Army-Door of Hope     (858) 279-1100
Rachel's Women's Center         (858) 279-1100
Center for Community Solutions     (888) 385-4657
Battered Women's Hotline         (619) 234-3164
Battered Women's Services (Becky's House) (619) 239-0355
Women's Resource Center         (760) 757-3500

Men and Women's Shelters
Domestic Violence Hotline     (800) 799-SAFE (800) 799-7233
St. Vincent de Paul             (610) 233-8500
Center for Community Solutions     (888) 385-4657 (888) DVLINKS
South Bay Community Services     (800) 640-2933

Legal Services
District Attorney Domestic Violence Unit     (619) 531-4300
Center for Community Solutions     (858) 272-1574
YWCA Legal Advocacy Program     (619) 239-2341
Legal Aid Society             (877) 534-2524
San Diego Volunteer Lawyer Program     (619) 235-5656

YWCA San Diego County         (619) 239-2341

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*Disclaimer

The content of this website is not intended to be, nor should it be considered, legal advice and does not create an attorney/client relationship of any kind.



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