Domestic Violence & Restraining Orders

San Jose Domestic Violence Attorney

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Myth: If I obtain a restraining order and kick my abusive spouse out of the house, I will lose financial support.

Fact: This is not true. The court can order child support, spousal support, and other financial relief for victims of domestic violence.

Many people are reluctant to report incidents of domestic violence, knowing that once police are called to their home, their spouse/partner will likely face charges. If you or your children are abused, we offer a free initial consultation to help you understand the court process and the court protections that are available to you. We also counsel people who have been accused of domestic violence.

If the incident does not result in serious injuries or threats, the police will give the victim a temporary protective order and tell them to file a restraining order in family court. If the incident is serious enough, the abuser will be arrested and likely be charged with assault and battery in criminal court. As an experienced lawyer, Patricia M. McKinnie can advise you in this process and help you deal with child custody and support issues.

Sometimes innocent people are charged with domestic violence. Some parties in California who are going through divorce may use domestic violence accusations to get an advantage in their divorce cases. In these cases, we can defend you in family court through the use of witnesses and other evidence. Prior to focusing on family law, attorney Patricia M. McKinnie handled criminal cases, which gives her added insight in defending people who face domestic violence charges.

Did you know?

• California domestic violence law applies to victims of spousal abuse and child abuse, as well as abuse of family members, boyfriends or girlfriends, or domestic partners.
• A domestic partner can seek temporary child custody and support if he or she is abused.