Does Domestic Violence Increase During the Holidays?
Domestic Violence, Restraining Order, Restraining Order

Does Domestic Violence Increase During the Holidays?

The answer is a troubling yes. While the holiday season is often portrayed as a time of joy, family togetherness, and celebration, for many individuals living with domestic violence, it represents a period of heightened danger and fear. Understanding this reality is critical for protecting vulnerable family members and knowing when and how to seek help.

The Statistics Tell a Sobering Story

Recent data confirms what domestic violence advocates have long observed: domestic violence spikes every year during the holidays. The numbers are significant and consistent across different regions.

  • An IPV study based on data gathered between 2005 and 2017 showed that 15% of all domestic violence-related visits to emergency rooms occurred during holiday periods, with New Year’s Eve having the highest incident rate.
  • San Antonio’s Metro Health reports domestic violence cases tend to rise by around 25% during the holidays. This trend isn’t isolated to one community. Police say several factors contribute to the increase in domestic violence during the holidays, including financial stress, alcohol and drugs, holiday shopping pressures, and family dynamics.
  • A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of California’s gross domestic product. 

The pattern extends beyond just major winter holidays. Stress elevates, finances usually take a hit, alcohol and drug use tend to increase, and people are at home more with their family during various holiday periods throughout the year, creating multiple windows of increased risk.

Why Does Domestic Violence Increase During Holidays?

Several key elements create what some advocates call a “perfect storm” of risk factors.

Financial Stress and Economic Pressure

The expectation to buy gifts, host gatherings, and create picture-perfect celebrations places enormous financial strain on households. Financial stress is one of the most significant contributors to the rise in domestic violence during the holidays, as the pressure to buy gifts, host gatherings, and meet societal expectations can strain household budgets, often exacerbating existing tensions within relationships.

Increased Alcohol and Substance Use

The holiday season is often accompanied by increased alcohol consumption, which is a well-known risk factor for domestic violence, as alcohol can impair judgment and lower inhibitions, making it easier for underlying tensions to erupt into physical confrontations. Holiday parties and social gatherings often normalize excessive drinking, providing abusers with both opportunity and excuse for violent behavior.

Heightened Emotional Expectations

The cultural pressure to be happy, grateful, and family-oriented during the holidays creates additional stress for those in troubled relationships. The holidays can be emotionally taxing, as the expectation to maintain a cheerful demeanor, coupled with the stress of family interactions, can lead to heightened emotions, and for those already in volatile relationships, these emotional triggers can escalate conflicts into physical violence.

Increased Time Together and Isolation

With families spending extended time together, such as spouses or parents with school-age children back at home on a school break, the chances of violence within a household increase. Additionally, during the holidays, many support services like shelters and hotlines may have reduced hours or may be understaffed, making it more challenging for victims to seek help or escape abusive situations.

Control and Power Dynamics

While there are several factors that can fuel domestic violence during the holidays, the root cause usually involves one family member exerting control over another. The holidays provide abusers with additional opportunities to isolate victims from support systems, control finances, and manipulate family dynamics.

The Hidden Reality: The Honeymoon Phase

Interestingly, domestic violence shelters report a complex pattern during the holidays. Shelters actually see short dips this time of year, when survivors try to go back home, as the honeymoon phase kicks in with abusers saying, ‘I love you, I’m sorry, it’s the holidays. This cycle makes the holiday period particularly dangerous, as victims may return to unsafe situations hoping for change that rarely materializes.

How Judy Burger Can Help

If you’re experiencing domestic violence, taking legal action can be a critical step toward safety and protection. As a California Certified Family Law Specialist, Judy L. Burger has dedicated her practice to helping victims of domestic violence obtain the legal protection they need. This certification, held by fewer than 10% of California family law attorneys, reflects advanced knowledge and proven experience in family law matters, including domestic violence cases.

Judy can help you obtain a domestic violence restraining order, which can provide multiple layers of protection. In California, these orders can require the abuser to stay away from you, your home, your workplace, and your children’s schools. They can also address child custody and visitation, require the abuser to move out of a shared residence, and prohibit the abuser from possessing firearms.

The Law Offices of Judy L. Burger understands the urgency of domestic violence situations. Judy and her team can guide you through the process of obtaining emergency protective orders, temporary restraining orders, and permanent restraining orders. They can also help you navigate related family law matters, including divorce, child custody, and property division, when domestic violence is a factor.

Beyond restraining orders, Judy can provide comprehensive legal representation if you’re going through a divorce involving domestic violence. She understands how abuse affects custody determinations, spousal support calculations, and property division. Her approach prioritizes your safety and your children’s safety while protecting your legal rights and financial interests.

Recognizing the Signs and Taking Action

Domestic violence takes many forms beyond physical abuse. In California, abuse can be emotional, psychological, verbal, or physical. It can include controlling access to money, isolating someone from friends and family, or engaging in coercive control that interferes with a person’s free will and personal liberty.

If you’re in immediate danger, always call 911 first. Once you’re safe, contacting an attorney who understands domestic violence can help you create a comprehensive safety plan and obtain legal protection.

The time when leaving or planning to leave an abusive relationship can be the most dangerous. Having a skilled attorney on your side ensures you understand your options, have proper legal documentation, and take steps that protect both your immediate safety and your long-term interests.

Holiday Domestic Violence FAQs

Can I get a restraining order during the holidays, even when courts are closed?

Yes. Law enforcement officers can request emergency protective orders from judges 24 hours a day, including holidays and weekends. These emergency orders last 5-7 days and go into effect immediately, giving you time to seek a longer-term domestic violence restraining order from the court when it reopens.

Does a domestic violence restraining order affect child custody during the holidays?

Yes. A domestic violence restraining order can include temporary custody and visitation orders that remain in effect during the holidays. The court prioritizes the safety of children when domestic violence is present, and holiday visitation schedules can be modified or supervised to ensure protection.

What if my abuser promises to change and wants me to drop the restraining order for the holidays?

You should never feel pressured to drop legal protection. The “honeymoon phase,” where abusers apologize and promise change, is a well-documented part of the cycle of violence. Consult with your attorney before making any decisions about modifying or dismissing a restraining order, regardless of promises made.

Can financial stress during the holidays be used as a defense for domestic violence?

No. While financial stress may be a contributing factor to increased tension, it is never an excuse or legal defense for domestic violence. California law protects victims regardless of the circumstances that may have contributed to the abuser’s behavior. Everyone has the right to live free from violence and abuse.

Is there a cost to file for a domestic violence restraining order in California?

No. There is no filing fee to request a domestic violence restraining order in California. The court process is designed to be accessible to all victims of domestic violence, regardless of their financial situation. Additionally, if your restraining order is granted, the court can order the abuser to pay your attorney’s fees and costs.

Take Action to Protect Yourself and Your Family

The holidays should be a time of safety, peace, and genuine celebration—not fear and danger. If you or someone you care about is experiencing domestic violence, especially during this high-risk holiday season, don’t wait to seek help.

The Law Offices of Judy L. Burger is here to provide the legal guidance and protection you need. With offices throughout California and a deep commitment to helping victims of domestic violence, Judy Burger and her team understand the courage it takes to seek help and the urgency of your situation.

Don’t let another holiday season pass in fear. Call The Law Offices of Judy L. Burger now and learn about your legal options for protection. Your safety and your children’s safety are too important to wait. Reach out today—we’re ready to help you reclaim your life and build a safer tomorrow.

If you are in immediate danger, call 911. For confidential support, contact the National Domestic Violence Hotline at 1-800-799-7233.

Can I Get a Domestic Violence Restraining Order In Any Relationship?
Domestic Violence, Restraining Order, Restraining Order

Can I Get a Domestic Violence Restraining Order In Any Relationship?

Domestic violence is a serious issue that affects many individuals and families across California. If you are facing threats, harassment, or violence at the hands of a partner, family member, or someone close to you, understanding your rights is crucial. One of the most effective tools available for protection is a Domestic Violence Restraining Order (DVRO). But can you obtain one in any type of relationship?

Certified California Family Law Specialist Judy Burger clarifies what constitutes domestic violence under California law, discuss the types of relationships eligible for DVROs, and explains how she can assist you throughout this process.

Understanding Domestic Violence Under California Law

Domestic violence is defined under California Family Code § 6203 as abuse against an intimate partner. Abusive behavior can take many forms, including:

  • Physical Abuse: Any act of violence or threats of violence (hitting, slapping, pushing, etc.).
  • Emotional Abuse: Activities that provoke fear, isolation, or mental harm (intimidation, threats, or controlling behavior).
  • Financial Abuse: Controlling someone’s access to financial resources, thus creating economic dependence.
  • Sexual Abuse: Unwanted sexual acts or exploitation, including coerced sex.

California recognizes the importance of protecting individuals from such harm, and the law provides several avenues for victims to seek safety and justice. A Domestic Violence Restraining Order serves as a legal barrier, preventing the abuser from contacting or coming near the victim.

Who Can File for a DVRO?

California law outlines several types of relationships where a DVRO can be requested. Understanding these relationships is essential for anyone considering legal action:

  1. Intimate Partners: This includes individuals who have been in a dating relationship. It does not matter if the relationship is ongoing or has ended; if there is a history of intimacy, you may seek a DVRO.
  2. Married Couples: Current and former spouses are eligible to file for a DVRO. The law also extends protection to those in domestic partnerships.
  3. Family Members: If you share familial ties, such as parents and children, siblings, or in-laws, you can pursue a DVRO. This applies regardless of whether you live together.
  4. Cohabitants: Individuals who live together or have lived together in the past (even if they are not in a romantic relationship) can file for a DVRO as long as there is evidence of abuse.
  5. Individuals with Children Together: If you have a child with another person, this relationship grants you the right to apply for a DVRO, regardless of your current relationship status.

How Judy L. Burger Can Help

Navigating the complexities of domestic violence cases can be overwhelming, especially for those dealing with trauma. Certified California Family Law Specialist Judy L. Burger possesses extensive experience in family law and domestic violence cases. Here’s how she can assist:

  • Legal Guidance: Judy will provide expert legal advice on whether you qualify for a DVRO based on your specific circumstances, explaining your rights and the details of the process.
  • Preparation of Legal Documents: Filing a DVRO entails submitting various legal documents. Judy will ensure all paperwork is meticulously prepared and submitted in a timely manner.
  • Representation in Court: If your case requires a court appearance, Judy is prepared to represent you with skill and compassion, advocating for your rights and safety.
  • Support and Resources: Beyond legal advocacy, Judy can help connect you with local resources, including shelters, counseling services, and support groups for domestic violence survivors.
  • Follow-up and Enforcement: Obtaining a DVRO is just the first step. Judy can assist in ensuring the order is enforced and modifying it as needed in any future legal proceedings.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Frequently Asked Questions About DVROs

What is the difference between a temporary and a permanent DVRO?

A temporary DVRO is typically issued quickly, often at the first court appearance, to provide immediate protection. A permanent DVRO, on the other hand, requires a full hearing where both parties present evidence, and can last up to five years with the option for renewal.

How long does it take to get a DVRO?

The process can vary, but temporary DVROs can often be granted the same day they are filed. A full hearing for a permanent DVRO usually occurs within 3 weeks after the temporary order is issued.

What evidence do I need to present for a DVRO?

Evidence can include police reports, medical records, photographs of injuries, text messages, or any documentation showing a history of abuse or threats.

Can I get a DVRO against a roommate or friend?

Yes, if you have lived together or have a relationship that qualifies under California law, you can file for a DVRO, provided there is evidence of abuse.

What happens if the abuser violates the DVRO?

If the abuser violates the conditions of the DVRO, you should contact the police immediately. Violating a restraining order is a criminal offense, and legal consequences can ensue.

Get Help Filing for a Domestic Violence Restraining Order

If you find yourself in a situation involving domestic violence, understanding your rights and options is crucial. A Domestic Violence Restraining Order can provide the necessary protection and serve as a vital step toward gaining control over your life. Certified California Family Law Specialist Judy L. Burger is here to guide you through this challenging process with compassion and expertise. Remember, you don’t have to face this alone—support and protection are available.

 

Is Domestic Violence On the Rise in California?
California Divorce, Child Custody, Domestic Violence, Marriage, Restraining Order, Restraining Order, Termination of Parental Rights

Is Domestic Violence On the Rise in California?

As conversations surrounding domestic violence increase, residents need to understand the current state of this serious issue in California. Domestic violence, which encompasses physical, emotional, and psychological abuse, has far-reaching consequences for individuals and communities. CA Certified Family Law Specialist Judy L. Burger explores this topic so you can better understand the challenges we face in combating domestic violence in the Golden State.

Startling Facts On Domestic Violence

The following facts are based on the 2023 California Violence Experiences Survey (CalVEX):

  • More than half of California women experience intimate partner violence in their lifetime.
  • One in 30 women – more than 460,000 in California – experienced physical and/or sexual violence from a partner in just the past year, and those reporting these abuses in the past year faced greater health and social risks.
  • 9% of women and 31.1% of menin California experience intimate partner violence or stalking in their lifetime. 
  • In 2021, California reported over 1,300 human trafficking cases, the most reported cases of human trafficking in the United States.

“Women who experienced intimate partner violence in the past year are more likely to be contending with depression, anxiety, and suicidality, and they are also more likely to have faced recent eviction,” said Jakana Thomas, a professor of political science at the School of Global Policy and Strategy.

A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of the gross domestic product for California. 

Factors Contributing to the Rise

Domestic violence is a complex issue influenced by various social, economic, and psychological factors. Some of the reasons contributing to its rise may include:

  1. Economic Stress: Economic challenges, such as unemployment or financial insecurity, can increase tensions within households, leading to conflicts that may escalate into violence.
  2. Increased Substance Abuse: Stressful situations can lead to increased alcohol or drug use, which may contribute to aggressive behavior and exacerbate existing tensions in relationships.
  3. Social Norms and Attitudes: Societal acceptance of violence as a means of conflict resolution can perpetuate cycles of abuse. Cultural attitudes towards gender roles and power dynamics in relationships can also impact the prevalence of domestic violence.
  4. Lack of Education and Resources: A lack of education about healthy relationships and available resources can keep victims stuck in abusive situations. Many may not know how to seek help or where to turn.
  5. Historical and Ongoing Trauma: Individuals who have experienced violence in their own families or communities may be more likely to either perpetrate or experience domestic violence themselves, perpetuating cycles of abuse.

Domestic Violence and the Law

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

California law specifies that domestic violence encompasses any type of abuse inflicted upon an “intimate partner,” which is broadly defined to include almost a dozen different relationships. This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The Importance of Taking Action

The issue of domestic violence is critical. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. If you or someone you know is experiencing domestic violence, please reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. Together, we can work towards breaking the cycle of violence and creating a safer future for everyone.

 

What Qualifies as Domestic Violence in California?
Domestic Violence, Restraining Order

What Qualifies as Domestic Violence in California?

What acts qualify as Domestic Violence under California Law? Suffering physical, psychological, or emotional abuse is never OK. Get the facts about Domestic Violence and when you should request a domestic violence restraining order to protect you and your family. California Family Law Attorney Judy L. Burger can help you understand when you should petition the court for a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Defining Domestic Violence

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Domestic violence, according to California law, encompasses any type of abuse inflicted upon an “intimate partner.” This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The California Penal Code defines an “intimate partner” in the broadest possible way, so that can include:

  • Your spouse
  • Your former spouse
  • Your domestic partner
  • Your former domestic partner
  • A person with whom you’ve had a child
  • A current live-in romantic partner
  • A former live-in romantic partner
  • Someone you date
  • A person you dated previously

Other persons may also be victims of domestic violence under CA law:

  • Children
  • Your brother/half-brother/step-brother
  • Your sister/half-sister/step-sister
  • Parents
  • Grandparents
  • Your niece
  • Your nephew
  • Your uncle
  • Your aunt
  • Anyone related to you within the second degree by blood or marriage

Judy L. Burger is a Certified Family Law Specialist who can be a strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Contact us for immediate help.

Common Acts of Domestic Violence

Charges of domestic violence vary under California law, depending on the severity of the crime and the surrounding circumstances. Many violent acts are specifically defined under the Penal Code. Some of the most common include:

  • Corporal Injury Upon a Spouse or Cohabitant – this counts even for slight injuries.
  • Child Abuse – is defined as inflicting “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition” upon a child. 
  • Domestic Battery – using force or inflicting harm on an intimate partner.
  • Child Endangerment – willfully allowing a child in your care to be harmed or allowing her or his safety to be endangered, including actions or neglect.
  • Child Neglect – this is willfully neglecting to provide the basic necessities for your minor children.
  • Stalking – harassing or threatening so as to cause fear for your or your family’s safety.
  • Criminal Threats – threatening anyone with serious harm.
  • Aggravated Trespass – entering a home or workplace to carry out a threat within thirty days of making it.
  • Posting Harmful Information on the Internet (“Cyberstalking”) – making harmful information about someone else available by posting or emailing the material.
  • “Revenge Porn” – intentional distribution of sexual images of another person with the intent to cause them emotional distress.

Domestic Violence Penalties In California

In California, most domestic violence offenses are known as “wobbler” offenses, which means they can be charged as either misdemeanors or felonies, depending on the specifics of the case. Factors such as prior criminal record and the extent of the victim’s injuries are considered when determining whether to pursue misdemeanor or felony charges for an act of domestic violence.

Penalties range from probation with certain freedoms to fines, county jail, or state prison time. Domestic violence misdemeanor convictions also impose a ten-year ban on owning or possessing firearms. Persons convicted of felony domestic violence charges fall under the “Felon In Possession of a Firearm” law and are under a lifetime ban from owning firearms.

Some federal domestic violence misdemeanors also impart a lifetime firearm ownership ban.

Get Help with Domestic Violence Crimes In California

You should never hesitate to act when you believe you or your child are victims of domestic violence. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Domestic Violence and Parenting Plan Modifications
Domestic Violence, California Divorce, Child Custody, Mediation, Restraining Order, Termination of Parental Rights

Domestic Violence and Parenting Plan Modifications

Parenting plans are created to meet the unique needs of a divorced or separated family. When domestic violence has been present, your parenting plan needs to provide safety for you and your children. California Certified Family Law Specialist Judy L. Burger helps families when domestic violence makes parenting plan modifications necessary.

What Is a Parenting Plan?

A parenting plan is a comprehensive set of agreements for how separated or divorced parents will care for their children. It includes many factors, including:

  • Custody agreements
  • Visitation schedules
  • Sharing costs for the child’s care
  • Arrangements for holidays and school breaks
  • Exchange arrangements
  • Phone and video contact with the children
  • Communication between parents
  • Authority for making decisions for the child
  • Religious matters
  • More…

No two parenting plans are the same due to differing schedules, needs, locations, and many other factors. The factors above and many more should contain elements that keep you and your child safe when there has been domestic violence.

Creating a Parenting Plan

Often, parents work together to create a workable parenting plan to care for their children. The court will review this plan, determine if it needs legal requirements, serve the child’s best interests, and approve it. However, in cases of domestic violence, this may not be possible or safe. You may need a legal representative to act on your behalf to create or modify an existing parenting plan to help you and your child stay safe.

Your attorney will need to provide credible evidence of domestic violence and prove beyond a reasonable doubt that it is likely to continue. Then, a judge will be far more likely to agree to a parenting plan or modifications to an existing plan that contains elements to prevent future harassment or abuse.

Family Law Attorney Judy Burger is an effective negotiator if you feel threatened or fear mistakes in an agreement could place you or your child in jeopardy. She has a wealth of experience in working out parenting plans and custody agreements in difficult situations. In some cases, the judge will ultimately decide the best agreement. This is particularly true in cases of substance abuse, domestic violence, mental illness, or incarceration.

Domestic Violence and Parenting Plan Modifications

Sadly, domestic violence does not cease after separation or a divorce. In fact, the separation may only antagonize the other party and cause conflict to escalate. Your parenting plan needs to include specific provisions to prevent contact wherever possible. Vague or unclear parenting plans open the door for more abuse or harassment.

A CA Domestic Violence Attorney like Judy Burger has the knowledge and experience to include certain specific elements in a modified parenting plan to prevent contact, communication, and unsafe situations. Some measures she may recommend can include:

  • Keeping your living arrangements private and secure
  • Having a neutral third party exchange the child between parents
  • Exchanging the children in a public place in full view of security cameras or guards
  • Restricting communication between parents and children (prohibiting video calls so the other parent cannot see into your home)
  • Using an app for all communications so there is documentation
  • Keeping travel plans and daily activities private
  • Sole legal custody

The Law Offices of Judy L. Burger knows how to gather evidence to help convince the court that your proposed parenting plan modification is in your and your child’s best interests. She can represent you before the court, handle communications and negotiations, and otherwise help you remain safe during the proceedings. Our office can also help you when domestic violence or gun violence restraining orders are necessary.

Keep Your Family Safe from Domestic Violence

Domestic violence survivors may fear discussing custody and parenting plan modifications with the other parent. Relationships can be difficult, and meeting in person may not be safe. Reaching a safe agreement with the other parent may not be possible, especially without help. Keep yourself and your family safe from domestic violence. Contact The Law Offices of Judy L. Burger in California for experienced help with parenting plan modifications.

CA Domestic Violence Restraining Orders 101
Restraining Order, Domestic Violence, Restraining Order

CA Domestic Violence Restraining Orders 101

A domestic violence restraining order  is issued by courts to protect people from threatened or actual abuse from others with whom they have a relationship. California law allows granting protective orders for physical, psychological, and emotional abuse. California Family Law Attorney Judy L. Burger can help you understand more about restraining orders and when you need to petition the court for one.

Here is some basic information about domestic violence restraining orders that you should know.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Who Can Request a Domestic Violence Restraining Order in California?

Anyone age 12 and older can request a domestic violence restraining order if they have a close relationship with the person who has threatened abuse or actually committed abusive acts. California law defines a close relationship as including individuals who are:

  • Dating
  • Used to date
  • Currently or previously living together in a relationship (not roommates)
  • Married
  • Separated
  • Divorced
  • Co-parenting a child
  • Blood relatives (parent, grandparent, sibling, etc.)
  • In-laws

You may also need an ex parte, or emergency, restraining order. Attorney Judy Burger can explain more about this temporary measure. Call us now for assistance.

How Can a Domestic Violence Restraining Order Help Me?

Why should you file for a domestic violence restraining order against someone? This legal court order provides a layer of protection from harm. The court may enact the following measures against someone:

  • Stop abusive actions
  • Stay away from you (including anyplace you frequent, like home, work, or school)
  • Have no contact with you (including phone, text, mail, email, deliveries, third persons, etc.)
  • Provide support (child support, payments on jointly-owned property, etc.)
  • Grant exclusive use (like a home or car jointly-owned with the abuser)
  • Pay restitution (such as for property damage or medical expenses caused by abusive actions)
  • Relinquish firearms in their possession
  • Attend a treatment program
  • Undergo regular drug tests

The courts may also issue orders relating to child custody, support, and visitation in consideration of the child’s safety and welfare. They may order the abuser to stay away from places the child may frequent, such as schools, daycare, doctors, after-school activities, and more.

Tips for Filing a Restraining Order

Attorney Judy Burger can walk you through the process of filing for a domestic violence restraining order in California. This is often helpful due to the anxiety and fear that often accompanies the circumstances making it necessary. Her experience and confident demeanor are an anchor to help you as you seek stability, relief, and direction during troublesome times.

As you consider what is needed for a restraining order, it is helpful to think of your petition as a blueprint for testifying at a trial. What should be included?

  1. The specifics of the abuse or threats you have experienced. Be as detailed as possible, including dates, times, locations, and other pertinent facts. Think of it as a log of your abusive experience.
  2. Consider the type of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support or other measures.
  3. Collect evidence to accompany the order petition. Screenshot emails, texts, and social media posts. Photograph damaged items and physical trauma from the abuse. Photograph destroyed property, clothing, personal items like a damaged phone, and other evidence.
  4. Collect witness statements. Record their testimony in writing or digitally.

The more specifics you can provide, the stronger your petition for a restraining order. Overwhelming evidence can also motivate the court to enact stronger protections. Think through the above factors and be ready to discuss everything with Attorney Judy Burger in a confidential consultation. She can also provide further guidance and advice on your next steps.

Get Help from a Certified Family Law Specialist

Judy L. Burger is certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. She is your strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Her encyclopedic knowledge of CA law and astute representation offers the protection and guidance you need in domestic violence cases. The Law Offices of Judy L. Burger has locations throughout Northern, Central, and Southern California for your convenience. Get the help you need to stop the abuse and get on with your life. Call us today.

 

How Far Is Too Far When Considering a Domestic Violence Restraining Order?
Domestic Violence, Restraining Order

How Far Is Too Far When Considering a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order provides significant legal protections for you and your children. These legal orders are specifically for people with whom you have had a close relationship, including family, in-laws, current or former dating partners, current or former spouses, and others.

Filing for a domestic violence restraining order against someone is a big step that should be considered carefully. It is often an emotional and traumatic time, and numerous factors and circumstances can cloud your thinking. How do you know when it’s time to obtain legal protection? Or, how far is too far when considering a domestic violence restraining order?

Defining Domestic Violence

The United States Department of Justice defines domestic violence as follows:

“Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Accordingly, you should consider a domestic violence restraining order when you are subjected to behaviors that:

  • Intimidate
  • Manipulate
  • Humiliate
  • Isolate
  • Frighten
  • Terrorize
  • Coerce
  • Threaten
  • Blame
  • Hurt
  • Injure
  • Wound

Such behavior toward you or your children is sufficient grounds for filing to obtain an order of protection. However, keep in mind that the court will need proof that some sort of threatening behavior has affected or is likely to affect you and/or your children.

How Far Is Too Far?

Asking, “How far is too far?” or “How much should I put up with?” before considering a domestic violence restraining order is not necessarily the right question. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

How to File for a Domestic Violence Restraining Order

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California. She will help you construct the necessary petition to present to the court. Imagine drawing a blueprint for a court testimony – your petition should contain similar elements, including:

  1. Specific details of the threats or abuse to you or your child. Record all the dates, locations, and other facts you can remember.
  2. Evidence that backs up your petition, like emails, texts, pictures, social media posts, damaged property, or physical marks on your/your child’s body.
  3. Witness or expert statements that back your petition, like doctor’s notes, photos, witness testimonies, and more, in written or digital media.
  4. Ask for what kind of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support, or other measures.

File the Petition

Turn in your request to the court. A judge may also grant you an ex parte (emergency) hearing and order of protection in certain circumstances.

Serve Notice

The party from whom you seek protection will be served an official notice of the pending court action and any ex parte orders against them.

Appear in Court

You and the other party appear in court to present your cases to a family law judge. He or she will issue orders accordingly.

Get Help from a Certified Family Law Specialist

Attorney Judy Burger can help you more in a confidential consultation. She knows how to take immediate steps to protect you and your privacy and can offer more guidance about what you should do next. Contact The Law Offices of Judy L. Burger at the location nearest you in North, Central, and Southern California to get the help you need to stop the abuse.

 

Emergency Child Custody Issues in California
Child Custody, Domestic Violence, Restraining Order, Restraining Order, Termination of Parental Rights

Emergency Child Custody Issues in California

Petitions for changes in child custody agreements can be filed with the court when circumstances change and new arrangements are needed. These requests are scheduled for the next available hearing on the family court’s calendar. However, an ex parte petition can be filed immediately when you encounter emergency child custody issues in California. 

Under California law, Family Code 3064 allows the court to temporarily grant an emergency change in custody without waiting on a full hearing under certain circumstances. This is a short-term solution to protect the safety and welfare of the child while more permanent arrangements are examined. Ex parte orders can influence any final custodial orders issued by the court.

When would such actions be necessary? CA Certified Family Law Specialist Judy L. Burger reviews some possible scenarios when emergency child custody issues can be handled through ex parte hearings. She can explain more and review your situation thoroughly in a confidential consultation at one of our offices.

What Justifies An Emergency Child Custody Petition?

California Family Courts typically allow at least a 15-day notice to involved parties before scheduling a hearing about child custody matters. However, when a true emergency threatens a child’s health and safety, the court can issue immediate orders to prevent harmful actions. Ex parte orders, sometimes called “emergency orders,” may be granted in select situations, including:

  • Child abuse
  • Sexual abuse
  • Neglect
  • Domestic violence
  • A parent’s physical or mental health condition
  • A parent’s arrest for drug use, drunk driving, or another serious crime
  • A sex offender in the home

Your request for an emergency child custody order must include definite evidence that such conditions exist and are a direct threat to the child. Heresy or opinions are not sufficient grounds for the court to immediately remove a child from another parent’s custody. Credible witnesses, photos, videos, text messages, or police reports are solid proof that the child is in danger and emergency orders are necessary to protect the child’s interests.

How Do I Request an Emergency Child Custody Action in CA?

​In addition to demonstrating a clear and imminent danger to the child’s welfare, you must provide several other items of information in your ex parte petition. These include the following:

  • Legal request form
  • Identity and contact information for the other parent and/or their attorneys
  • Current child custody, visitation, and support orders
  • Any previous requests or orders on this or similar matters
  • Reasons why the other parent should not be notified

Remember, you must provide sufficient evidence demonstrating the harm that could be suffered without the requested emergency custody orders. This is also a temporary solution. A formal hearing with both parents may be scheduled for a later date and other orders may be issued as a result.

It is critical that you adhere to California law in all matters relating to your child and custody matters. Emotional reactions to protect your child that violate the law or existing custody orders can complicate your case. Making decisions under stress can place you on the wrong side of the law.

Contact a California Certified Family Law Specialist to Help You Protect Your Children

Consult with CA Family Law Attorney Judy L. Burger immediately if you suspect an emergency custody action is necessary. She can act quickly to file an ex parte hearing petition and the necessary paperwork while helping you gather the required evidence to support your request. As a Certified Family Law Specialist in California, she can help you follow the law and protect your child.

Ms. Burger is not intimidated by difficult or high-conflict custody matters. She firmly believes that children must be protected from abusive, inappropriate, or other dangerous behavior and actions by parents or others. The Law Offices of Judy L. Burger will not rest until your child is safe. We will also work with you to completely resolve this matter in the best interests of your child and family.

Contact one of our eight offices in California today to discuss emergency child custody issues with a Certified Family Law Specialist who is on your side.

How Do Domestic Violence Restraining Orders Work in California?
Domestic Violence

How Do Domestic Violence Restraining Orders Work in California?

A domestic violence restraining order is a civil order entered by the court directing an abuser to stop harassing or abusing the victim. The type of abuse that may be the basis for the entry of a restraining order includes the following:

  • causing or attempting to cause the victim physical injury;
  • making the victim fear he or she or another person is in immediate danger of being harmed;
  • threatening or harassing the victim, in person or through other means;
  • stalking the victim;
  • destroying the victim’s personal property; or
  • disturbing the peace of the victim.

For the court to enter a domestic violence restraining order, the abuser must be related to the victim in one of the following ways:

  • a spouse or former spouse;
  • a person the victim is dating or has dated;
  • a lover;
  • the other parent of your child;
  • anyone closely related to the victim by blood, marriage, or adoption; or
  • a person who regularly lives in the victim’s home.

A domestic violence restraining order may provide protection for the victim’s children as well as the victim. Such a restraining order can also include other orders besides a command to stop the abuse. For example, a domestic violence restraining order may include an order regarding spousal support, custody, child support, or parenting time; granting the victim possession of a pet; removing the abuser from a home shared with the victim; or prohibiting the abuser from possessing a firearm.

A victim seeking a domestic violence restraining order must file an application with the court. The application includes a Domestic Violence Date of Birth Verification (Form FL/E-LP-640), a Notice of Court Hearing (Form DV 109), a Request for Domestic Violence Restraining Order (Form DV-100 and FL/E-LP-613), a Description of Abuse (Form DV-101), and a Temporary Restraining Order (DV-110). Additional forms must be filed if the victim is also seeking an order regarding spousal support, child support, child custody, or visitation.

If the victim is in immediate danger, the court may issue a temporary restraining order after processing the application but before holding a hearing. Regardless, the court will set a hearing, and the victim must have the abuser served with the Notice of Hearing. Service of the Notice of Hearing is usually done through the sheriff’s department of the county where the abuser lives.

The victim may bring a support person to the restraining order hearing, even if the victim also has an attorney. If evidence at the hearing shows the existence of past or present abuse of the victim by the abuser, then the court will issue a domestic violence restraining order. A domestic violence restraining order can last up to five years but lasts only three years if no termination date is stated. During the last three months of a restraining order, the victim can ask the court to extend the restraining order for another five years or permanently.

If you or a loved one has been or is a victim of abuse, consult an experienced attorney experienced in domestic violence law to help you get a domestic violence restraining order. The Law Offices of Judy L. Burger can help you get the protection you need. Call today to see how we can help you: (415) 293-8314.

Different Types of Restraining Orders in California Family Law Cases
California Divorce, Domestic Violence

Different Types of Restraining Orders in California Family Law Cases

An important tool to help a victim of threatened or actual domestic violence is an order of protection from the court. This civil court order, called a restraining or protective order, commands the abuser to stop the abuse or suffer punishment by the court. The type of restraining order entered depends on the process used to get the restraining order.

The restraining order entered in emergency situations is called an emergency protective order. A situation is considered to be an emergency when a police officer responds to a domestic violence call or when someone has made a report of abuse to the police. In such cases, the police can request an emergency protective order under California Family Code § 6250. The court can enter an emergency protective order without first holding a hearing, but this type of protective order is only good for seven days.

If a victim needs a protective order for a longer period of time, or if the victim wants to apply for the restraining order without police involvement, he or she may apply to the court for a domestic violence restraining order. Abuse is considered to be domestic violence if the abuser is related to the victim as a spouse or former spouse; a person the victim is dating or has dated; a lover; the other parent of the victim’s child; anyone related to the victim by blood, marriage, or adoption; or a person who regularly lives in the victim’s home.

However, before entering a permanent domestic violence restraining order, the court must hold a hearing, and the abuser must have notice of the hearing. If, after a hearing, the court enters a domestic violence restraining order, that order may specify what the abuser can and cannot do to the victim or how near to the victim the abuser can be. Such an order may also include orders regarding child support, visitation, and custody orders if the victim and the abuser have children together; orders regarding possession of a shared residence or pet; orders for spousal support; or an order prohibiting the abuser from possessing a firearm. A domestic restraining order may be entered regardless of whether the court has previously issued an emergency protective order regarding the parties. A domestic violence restraining order can last up to five years.

If you are in immediate danger, the court may issue a temporary restraining order after processing the application but before a hearing.

If you or a family member has been a victim of domestic violence, seek help from a qualified family law attorney. The Law Offices of Judy L. Burger are experienced in helping victims of domestic violence get the protection they need. Call today to see how we can help you: (415) 293-8314.