Domestic Violence Attorney San Jose, CA
Compassionate, survivor-focused representation for restraining orders and safety planning.
Call 911 for emergency assistance. For 24/7 support, contact the National Domestic Violence Hotline: 1-800-799-7233 or text "START" to 88788.
Domestic violence affects millions of families across California. If you or your children are experiencing abuse, you have legal options to protect yourself. At By The Law Group APC, we provide compassionate, survivor-focused representation to help you obtain protection orders and navigate the legal system safely. We understand the courage it takes to seek help, and we're here to support you every step of the way.
Fam. Code §6203 Domestic violence is defined as abuse perpetrated against any of the following persons: a spouse or former spouse; cohabitant or former cohabitant; a person with whom the respondent is having or has had a dating or engagement relationship; a person with whom the respondent has had a child; or any other person related by consanguinity or affinity within the second degree.
Forms of Domestic Violence
Domestic violence encompasses far more than physical abuse. Understanding the various forms of abuse is crucial for recognizing when you or someone you love may need help.
Physical Abuse
Hitting, slapping, punching, kicking, choking, pushing, or any other physical harm. Includes threats of violence and destruction of property.
Emotional Abuse
Constant criticism, humiliation, name-calling, isolation from friends and family, gaslighting, and manipulation designed to destroy self-worth.
Financial Abuse
Controlling all money, preventing employment, stealing funds, running up debt in your name, or using finances to control and manipulate.
Coercive Control
A pattern of controlling behavior including monitoring movements, restricting autonomy, controlling daily activities, and enforcing rigid rules.
Threats & Intimidation
Threats to harm you, children, pets, or family members; threats of deportation; displaying weapons; or threatening self-harm to manipulate.
Immigration-Related Abuse
Threatening deportation, withholding immigration documents, refusing to file petitions, or using immigration status to control and abuse.
Types of Restraining Orders
Emergency Protective Order (EPO)
Fam. Code §6251 Issued by law enforcement at the scene of a domestic violence incident. Effective immediately and lasts 5 to 7 calendar days or until a court hearing can be held.
Temporary Restraining Order (TRO)
Issued by a judge based on your declaration. Effective until the court hearing (typically 21-25 days). No notice to the abuser required.
Domestic Violence Restraining Order (DVRO)
Issued after a court hearing where both parties may present evidence. Can last up to 5 years and be renewed. Fam. Code §6300-6389
Criminal Protective Order (CPO)
Issued by a criminal court when the abuser is prosecuted for domestic violence. Remains in effect during criminal proceedings.
- Personal conduct orders (no contact, no harassment)
- Stay-away orders (distance requirements)
- Move-out orders (requiring abuser to leave the home)
- Custody and visitation orders
- Child support orders
- Spousal support orders
- Property control orders
- Attorney fee orders
- Batterer intervention program requirements
Domestic Violence & Custody
Fam. Code §3044 When a court finds that a parent has perpetrated domestic violence within the past five years, there is a rebuttable presumption that awarding sole or joint physical or legal custody to that parent is detrimental to the child's best interest.
This presumption is one of the most powerful tools in California family law for protecting children from abusive parents. To overcome the presumption, the abusive parent must prove by a preponderance of the evidence that custody would be in the child's best interest despite the domestic violence.
Factors Courts Consider
- Whether the parent has completed a batterer's intervention program
- Whether the parent has completed substance abuse treatment (if applicable)
- Whether the parent has completed parenting classes
- Whether the parent is on probation or parole
- Whether the parent has complied with restraining order terms
- Whether there have been further acts of domestic violence
Safety Planning
Creating a safety plan is an important step in protecting yourself and your children. Here are key considerations:
Before You Leave
- Identify safe areas of your home
- Keep a packed bag with essentials hidden
- Save emergency numbers in your phone
- Gather important documents (ID, birth certificates, financial records)
- Establish a code word with friends/family
- Plan escape routes from your home
- Open a separate bank account if possible
Digital Safety
- Use a safe computer (library, friend's house)
- Clear browser history after searching for help
- Create new email accounts unknown to abuser
- Turn off location services on your phone
- Check for tracking apps or devices
- Change passwords on all accounts
- Use private browsing mode
Help & Support Resources
National Resources
- National Domestic Violence Hotline: 1-800-799-7233
- Crisis Text Line: Text "START" to 88788
- National Sexual Assault Hotline: 1-800-656-4673
- StrongHearts Native Helpline: 1-844-762-8483
California Resources
- California Partnership to End Domestic Violence: cpedv.org
- California Courts Self-Help: Self-help centers for restraining orders
- Local Domestic Violence Shelters: Confidential safe housing
- Legal Aid Societies: Free legal assistance for qualifying individuals
You Are Not Alone
If you're experiencing domestic violence, we can help you obtain protection and navigate the legal system safely. All consultations are confidential.
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