Riverside Domestic Violence Blogs from December, 2012


In domestic violence cases, District Attorneys typically request that a restraining order be issued against the suspect when the case starts. This restraining order is temporary, and stays in place while court proceedings are ongoing. Because of this, it is essential that you have an attorney beside you when you go to court for your first hearing. An accomplished Riverside domestic violence attorneymay be able to argue against a restraining order. If the restraining order is put in place, you will not be allowed to see or contact your family during your trial. This can mean that you are not able to see your children, and may have to relocate.

If you are about to start a domestic violence trial, and are worried that the District Attorney might issue a temporary restraining order, Mr. Martinez can help. He can contact your spouse and ask him or her if he or she would like to avoid a restraining order for the sake of the children. If so, then Mr. Martinez will request that the spouse attend the first hearing to communicate this. At the trial, the spouse/partner can explain that he or she does not want such an order, is not afraid of the suspect, would be willing to protect his or herself and call the police should something happen.

The court will then verify this from the "victim." Many times, if the court is convinced that all parties feel safe and comfortable living together, they will modify the order to allow peaceable contact between you and your family. This means you can continue to live with the ones that you love. Normally, the court will create an order saying that you are not allowed to annoy, strike, or harass the alleged victim of abuse. This is in place of the restraining order. If you violate this command, a restraining order will be put in place.

It is almost impossible to avoid a restraining order unless both spouses or partners attend the first trial and the “victimized” spouse speaks out at a domestic violence first hearing. Because of this, it is of the utmost importance to have a knowledgeable attorney there to represent you during a domestic violence case. Often, people forget to take the restraining order into account after they have been charged with a domestic violence crime. This is because their court date may be months away. Others may forget to secure a domestic violence lawyer before their first hearing.

If no protective order is issued, or the seven day emergency order expires, many people think they are in the clear. Others just want to go to their first court date to see what the options are, and don’t think of this hearing as a time to start with the defense. As you can see, this can be a devastating and costly mistake. If you are anticipating a first hearingfor adomestic violence crime in the future, make sure to hire a Riverside domestic violence lawyer like Ty Martinez to represent you.