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We here at McNamara & McNamara use our uniquely qualified background to address all related consequence professionally, and effectively. We do this with a collective and a cohesive approach to all aspects of any resulting matter. Sometimes if we are involved early enough we can prevent legal matters from being filed by setting up a solution-focused plan.
Bottom line whether you are a victim or an alleged abuser, we can help you in these difficult times. Please contact us with your inquires and let us help you in these difficult times.
Bottom line whether you are a victim or an alleged abuser, we can help you in these difficult times. Please contact us with your inquires and let us help you in these difficult times.
Detailed Information on Restraining Orders
DOMESTIC VIOLENCE RETRAINING ORDERS OFTEN RESULT IN OR COME WITH OTHER LEGAL ISSUES AND CONSEQUENCES, INCLUDING OTHER CASES:
When an alleged incident of Domestic Violence takes place or is reported to the authorities, such as: the police, social services, and/or third party persons and mandated reporters such as teachers, therapists etc. doctors. Usually a cross-referral takes place.****
Just one example of a cross referral would come about in the following manner: a person reports an altercation which is alleged to have happened in the family house via a 911 call. This 911 call results in the police coming out and conducting an investigation about the incident. The alleged abuser(s) should be cautious in making any statement whatsoever to the authorities, as these will be encompassed in a police report for purposes of a potential prosecution. Further, the general rules and principles explained in any criminal investigation would apply here as well, please feel free to refer to the appropriate section of this web-sight.
To continue with my example, if some evidence of an altercation is revealed through a cursory investigation by the police at the scene. This would result in several other cross-referrals made by the Police Department, especially if children are in the house. This even if the children are not directly when the incident occurred.
The direct result usually means you are now dealing with Police investigation and possible criminal consequences. Also a concurrent investigation involving the Department of Children and Family Services (also known as DCFS). So frequently you have both a police investigation and a DCFS case which is designed to keep the Welfare of you children as the focus. Sometimes the police will issue an emergency restraining order, imposing a restriction on the alleged abuser from coming within 100 yards of the family.
BELOW IS A DESCRIPTION OF THE COURSE AND LIFE, AND THE LEGALITIES INVOLVED IN AND WHEN A PERSON SEEKS A DOMESTIC VIOLENCE RESTRAINING ORDER WITHIN THE LEGAL SYSTEM.
Available Orders In Domestic Violence Cases
Whether actual or threatened acts of domestic abuse occur within or without a marital relationship, "protective orders" identical to those available in a marital proceeding may issue ex parte and/or on noticed motion in an independent action commenced under the Domestic Violence Prevention Act (DVPA, Ca Fam § 6200 et seq.).
The DVPA is intended to prevent the recurrence of acts of domestic violence and to provide for a separation between the parties involved for a period of time sufficient to enable them to seek a resolution of the causes of the violence. [Ca Fam § 6220]
An alleged domestic violence victim is a "protected person" under the DVPA and thus entitled to the benefit of a DVPA order only if he or she fits one of the descriptions contained in Ca Fam § 6211 (providing that domestic violence is "abuse" perpetrated against specified classifications of persons).
When an alleged incident of Domestic Violence takes place or is reported to the authorities, such as: the police, social services, and/or third party persons and mandated reporters such as teachers, therapists etc. doctors. Usually a cross-referral takes place.****
Just one example of a cross referral would come about in the following manner: a person reports an altercation which is alleged to have happened in the family house via a 911 call. This 911 call results in the police coming out and conducting an investigation about the incident. The alleged abuser(s) should be cautious in making any statement whatsoever to the authorities, as these will be encompassed in a police report for purposes of a potential prosecution. Further, the general rules and principles explained in any criminal investigation would apply here as well, please feel free to refer to the appropriate section of this web-sight.
To continue with my example, if some evidence of an altercation is revealed through a cursory investigation by the police at the scene. This would result in several other cross-referrals made by the Police Department, especially if children are in the house. This even if the children are not directly when the incident occurred.
The direct result usually means you are now dealing with Police investigation and possible criminal consequences. Also a concurrent investigation involving the Department of Children and Family Services (also known as DCFS). So frequently you have both a police investigation and a DCFS case which is designed to keep the Welfare of you children as the focus. Sometimes the police will issue an emergency restraining order, imposing a restriction on the alleged abuser from coming within 100 yards of the family.
BELOW IS A DESCRIPTION OF THE COURSE AND LIFE, AND THE LEGALITIES INVOLVED IN AND WHEN A PERSON SEEKS A DOMESTIC VIOLENCE RESTRAINING ORDER WITHIN THE LEGAL SYSTEM.
Available Orders In Domestic Violence Cases
Whether actual or threatened acts of domestic abuse occur within or without a marital relationship, "protective orders" identical to those available in a marital proceeding may issue ex parte and/or on noticed motion in an independent action commenced under the Domestic Violence Prevention Act (DVPA, Ca Fam § 6200 et seq.).
The DVPA is intended to prevent the recurrence of acts of domestic violence and to provide for a separation between the parties involved for a period of time sufficient to enable them to seek a resolution of the causes of the violence. [Ca Fam § 6220]
An alleged domestic violence victim is a "protected person" under the DVPA and thus entitled to the benefit of a DVPA order only if he or she fits one of the descriptions contained in Ca Fam § 6211 (providing that domestic violence is "abuse" perpetrated against specified classifications of persons).