Rancho Cucamonga Domestic Violence Lawyer

Are you dealing with a domestic violence situation in Rancho Cucamonga, California? Contact All American Law to schedule a consultation at 909-944-8880. Our experienced Rancho Cucamonga domestic violence lawyers can represent you during the entire legal process and ensure your legal rights and interests are fully asserted. 

 

We’re a trusted family law firm that has 30 years of combined experience serving clients throughout San Bernardino County. We know how much is at stake in these circumstances and will immediately make your case a priority for us if you decide to hire our legal team to represent you.

Why Choose All American Law for My Domestic Violence Case in Rancho Cucamonga, CA?

Domestic violence cases affect every part of your life, including your safety, your children, your home, and your future. Having a Rancho Cucamonga family lawyer on your side who understands the weight of what you’re going through can make all the difference in how things play out.

 

All American Law has spent years helping families in the Rancho Cucamonga area navigate domestic violence matters on both sides of the courtroom. Regardless of whether you’re seeking a restraining order or are defending against allegations, we’ll bring the same level of preparation to your case from the beginning. 

 

A few reasons to consider hiring our attorneys include:

 

• We have three decades of combined experience handling domestic violence and family law cases in California
• We will take the time to understand your situation and tailor our approach to your specific needs
• We can guide you through the restraining order process, child custody disputes, and related proceedings all at once
• We prepare every case as though it may go to a hearing, so that you’re never caught off guard
• We will be by your side at every court appearance and advocate for your interests at each stage

 

Reach out to our Rancho Cucamonga domestic violence attorneys today for a consultation. We’re ready to start working on your case immediately. 

What Qualifies as Domestic Violence Under California Law?

Domestic violence in California is defined broadly under the Domestic Violence Prevention Act (DVPA), which is found in Family Code § 6200 and the sections that follow. 

 

Under Family Code § 6211, domestic violence includes abuse committed against any of the following people:

 

• A current/former spouse
• A current/former cohabitant
• A person you are or were dating
• A person you share a child with
• A child of either party
• Certain close relatives by blood or marriage

 

As for what counts as “abuse,” California’s definition goes well beyond causing a physical injury. 

 

The law recognizes the following types of conduct as abuse:

 

• Physical harm 
• Attempts to cause physical harm
• Sexual assault
• Making threats of violence
• Stalking or following someone
• Harassment, including repeated contact meant to cause fear
• Disturbing someone’s peace, which can include emotional abuse and coercive control
• Destroying someone’s personal property

 

This broad definition means that you may qualify for protection even if the abuse has been primarily emotional or psychological rather than physical.

Types of Restraining Orders Available in California Domestic Violence Cases

California provides several types of restraining orders designed to keep domestic violence victims safe. Each one serves a different purpose and has a different timeline.

Emergency Protective Order (EPO)

An EPO is the most immediate form of protection available. Law enforcement officers can request one from a judge at any time, including in the middle of the night, when they respond to a domestic violence call and believe someone is in danger. 

 

An EPO takes effect right away and lasts up to seven calendar days or five court days, whichever is earlier. The purpose is to give the protected person a brief window of safety while they pursue longer-term protection through the courts.

Temporary Restraining Order (TRO)

A TRO is the next step in the civil process. You can request one by filing the necessary paperwork with the court, and a judge can grant it without the other party being present. TROs typically last between 20 and 25 days, at which point a full hearing will take place. There is no filing fee to request a domestic violence restraining order in California.

Permanent Domestic Violence Restraining Order (DVRO)

If the court finds sufficient evidence at the hearing, it can issue a DVRO that lasts for up to five years. Despite being called “permanent,” these orders do have an expiration date. However, the protected person can request a renewal before the order runs out.

What Can a DVRO Include?

A domestic violence restraining order in California can do much more than simply order the abusive party to stay away. 

 

Depending on the circumstances of the case at hand, the court may also include provisions such as:

 

• Ordering the restrained person to move out of a shared home
• Granting temporary child custody to the protected person
• Establishing supervised visitation for the restrained person
• Ordering the restrained person to pay child support and/or spousal support
• Granting exclusive use of a shared vehicle, phone, and other essential property
• Requiring the restrained person to surrender any firearms in their possession

 

These provisions can provide stability during an incredibly difficult time. A domestic violence attorney can help you request the specific protections that make sense for your situation.

How Domestic Violence Affects Child Custody in California

One of the biggest concerns for parents dealing with domestic violence is how it will affect custody of their children. California takes this issue very seriously.

 

Per Family Code § 3044, there is a rebuttable presumption against awarding custody to a parent who has been found to have committed domestic violence within the past five years. In plain terms, that means the court will generally assume it is not in the child’s best interest to live with a parent who has a history of abuse. The burden falls on that parent to prove otherwise.

 

If the presumption doesn’t apply in your case, evidence of domestic violence can still influence custody decisions in a number of ways. 

 

A few things to take note of are:

 

• The court may limit the abusive parent to supervised visitation
• The judge may restrict overnight stays or travel with the child
• A history of abuse can factor into legal custody decisions, including who has the authority to make choices about healthcare and education
• The court may order the abusive parent to complete a batterer intervention program before modifying custody terms

 

If you’re a survivor of domestic violence and you’re worried about custody, having a lawyer who understands how these factors play into court decisions can be invaluable. Our domestic violence attorneys in Rancho Cucamonga can help you present the evidence that matters.

Criminal vs. Civil Domestic Violence Cases in California

It’s important to note that domestic violence can involve both criminal and civil legal proceedings at the same time. These are two separate processes with different goals.

 

On the criminal side, the District Attorney’s office may file charges against the accused person. 

 

Common criminal charges in domestic violence cases include:

 

• Misdemeanor battery against a spouse or cohabitant
• Corporal injury to a spouse, cohabitant, or fellow parent, which can be charged as a misdemeanor or felony depending on the circumstances
• Stalking, criminal threats, and other related offenses

 

On the civil side, the survivor can seek a DVRO through the family court regardless of whether criminal charges have been filed. You do not need to wait for the criminal case to move forward before pursuing civil protection.

What If I’ve Been Falsely Accused of Domestic Violence?

False accusations of domestic violence do happen and can have devastating consequences that can dramatically impact your freedom going forward. If you’ve been wrongfully accused, it’s critical to take the matter seriously and respond quickly. 

 

Some steps you should consider taking include:

 

• Hire an attorney immediately to represent you at the hearing
• Gather any evidence that supports your side, including text messages, emails, photos, and witness statements
• Do not violate any existing protective orders, even if you believe they are unjust
• Prepare to present your case clearly and calmly at the hearing

 

All American Law has experience representing individuals on both sides of domestic violence cases. If you’ve been accused, we can help you build an appropriate defense and protect your rights throughout the process.

Contact Our Rancho Cucamonga Domestic Violence Attorneys for Legal Help

Domestic violence situations in Rancho Cucamonga, CA, are deeply personal and often feel impossible to navigate without legal representation on your side. All American Law is here to assist, no matter what side of the proceedings you’re on.

 

Our Rancho Cucamonga domestic violence attorneys have 30 years of experience handling cases just like yours. Contact us today to learn more and get started with a consultation.