In times of crisis, you need a compassionate, professional team at your side. At Provinziano & Associates, we’re dedicated to helping victims of domestic violence regain their peace and security. Don’t let fear control your life any longer. We are here to fight by your side!
Here’s How We Can Support You:
- Understanding and Support: We know the stress and uncertainty you’re facing. Our experienced team is ready to support you throughout the process.
- Experienced Legal Guidance: Domestic violence is one of our specialties. We’ve helped many clients in various domestic violence situations get the protection they need.
- Swift Action: Time is critical in domestic violence cases and our team is ready to act quickly to help ensure your immediate protection.
- Personalized Representation: Every domestic violence situation is unique. Our team will provide a personalized approach to your case to make sure your specific needs are met.
Featured in the Los Angeles Times
Senior Trial Attorney Al Provinziano was featured in an article on domestic abuse during the Coronavirus outbreak.
Take the first step towards reclaiming your life. Contact us today and let our experienced team guide you through this challenging process.
Do I have to give notice of a domestic violence restraining order, even if I live in the house with the abuser?
Current law provides that you do not have to give notice to the abuser if there is an immediate threat of harm. Thus, if you are in a situation where a person is threatening abuse towards you, we can seek a restraining order from the court and provide documentation as to why notice should be waived, even if you are in the same home.
How long does a domestic violence restraining order last?
There are two types of domestic violence restraining orders – a temporary order and a permanent order. A temporary order is what you receive on an emergency basis after you go to court. The court can grant this order to be in effect immediately and then there is a period of 21 days in which the order needs to be reviewed. If it is not reviewed within 21 days, the order can be continued by the court at the request of either party.
How does a domestic violence restraining order impact my custody case?
A domestic violence restraining order can have a huge impact on a custody case because under Family Code § 3044 it creates a presumption that if someone is found to have committed an act of domestic violence that there is a presumption against them having joint or legal custody of a child or physical custody of a child. Thus, a person who has a restraining order against them is faced with child visitation in many cases with supervision visitation of a child being placed into effect.
Do I have to go court for a domestic violence restraining order?
If a party has an attorney, it’s often that they do not need to appear in person at court for the initial ex parte or emergency domestic violence restraining order petition This is because the court allows the attorney to submit the paperwork on the client’s behalf and typically there is no hearing on the record. This is true in Los Angeles County courts and based on their local practices; however, judges can always alter those practices and ask for a party to be present. At such times, we can make reasonable accommodations such as continuing the hearing until later in the day, or seeking a telephonic appearance, which are in the ultimate discretion of the judge.
In other counties such as Orange County, the courts may request that the parties be present to have brief questioning. We’ve seen in other counties that they do want the parties to be present, so it’s important to have a competent expert attorney in your local jurisdiction that can assist you in going to court.
If a DVRO is granted, when do we have to go to court?
If a domestic violence restraining order is granted, you have to go to court within 21 days.
I’m nervous living in the home and what orders can you get in the domestic violence restraining order?
The orders that you can attain in a domestic violence restraining order are orders to protect you. Although this is not an exhaustive list, these are many orders that people are not aware of:
- An immediate move out from the home
- Immediate control over electronic devices
- Immediate control over your telephone number
- Immediate control over a pet
- Immediate stay away orders
- Immediate custody orders