San Gabriel Domestic Violence Lawyers

The domestic violence attorneys at the Pasadena Law Offices of Donald P. Schweitzer have the unique combination of family law and criminal law experience that enables them to competently handle matters involving domestic violence whether it occurs in the context of a divorce or child custody battle, or in any abusive relationship that calls for a temporary restraining order (TRO) to end the violence or harassing conduct. We represent clients in Pasadena, Alhambra, Arcadia, San Marino, Monrovia, Glendale, and La Canada, and throughout Southern California.

What is Domestic Violence?

Domestic violence includes not only physical abuse, but also verbal and written abuse directed at a person in a close relationship, such as a spouse, ex-spouse, current or former boyfriend or girlfriend, or a relative. The proper tool to end such abuse is typically a restraining order, which begins with obtaining a temporary restraining order (TRO).

What is a Temporary Restraining Order?

The TRO is a court order which orders a person to not go near you or have any contact with you. The TRO protection can also extend to your children, other relatives, and other people who live with you. In issuing a TRO, the court has broad authority in how to fashion the order to best protect you. For instance, the TRO can order the person to move out of your house or prohibit the person from possessing a gun. A TRO can also order a person to comply with any child custody and visitation orders which are in place, or to pay any court-ordered child support or spousal support.

As its name implies, a TRO is only temporary in nature. When granting a TRO, the court will establish a future court date for a hearing on the matter, and the TRO stays in effect until that time. When the hearing is held, the judge may either cancel the TRO or continue it for a longer period, up to five years.

Other Restraining Orders

The law provides for restraining orders in situations besides domestic violence. For instance, a civil harassment restraining order may be used against a stalker or other person who has used unlawful violence or presents a credible threat of violence through a course of conduct directed at another. The subject of such a TRO is usually a roommate, neighbor, or co-worker who is harassing the victim. Also, California law allows elders and dependant adults to obtain a restraining order against abusive family members or caregivers.

Domestic Violence and Divorce in San Gabriel

Allegations of domestic violence can have an impact on how a divorce court rules on issues such as child custody and support. In fact, child custody and visitation may be denied altogether to a parent who has been found guilty of domestic violence. It is not uncommon for a charge of domestic violence to be alleged, or for a TRO to be sought, in the midst of divorce proceedings. Sometimes the divorce may have brought out an incidence of domestic violence, but other times one parent may merely be trying to gain an unfair advantage in the divorce.

In addition to being a Certified Family Law Specialist, attorney Donald P. Schweitzer is also a former police officer and Deputy District Attorney with experience prosecuting child support and related family law cases. The Law Offices of Donald P. Schweitzer maintains a vigorous criminal defense practice in addition to our family law practice, and our lawyers help people seek and obtain restraining orders as well as defend people who have been unfairly charged with domestic violence.

If you find yourself in a situation involving domestic violence, take the necessary steps to keep you and your family safe. Get out of the environment, call the police, or contact the Law Offices of Donald P. Schweitzer for assistance in obtaining a restraining order or other legal relief.