Best Domestic Violence Lawyers in Burlingame

About Domestic Violence Law in Burlingame, United States

Domestic violence is a serious issue in Burlingame, California, and throughout the United States. The law defines domestic violence as abuse or threats of abuse occurring between individuals who have or had an intimate or family relationship. This can include spouses, dating partners, cohabitants, former partners, parents, children, or relatives through marriage or blood. Domestic violence is not limited to physical harm; it also covers emotional, psychological, and financial abuse.

California law, which governs Burlingame, aims to protect victims of domestic violence through restraining orders, support services, and the criminal justice system. Law enforcement and courts in Burlingame treat allegations of domestic violence very seriously and act swiftly to safeguard victims and prosecute offenders.

Why You May Need a Lawyer

If you are facing a domestic violence situation in Burlingame, you may need a lawyer for several reasons. Victims often require legal protection through restraining orders or need guidance on how to file criminal charges. For those accused, a lawyer is essential to ensure their rights are protected throughout investigations and court hearings. Situations where legal help is commonly required include:

• Applying for a domestic violence restraining order
• Defending against false or exaggerated accusations
• Navigating child custody and visitation issues affected by domestic violence allegations
• Seeking advice on divorce or separation when abuse is involved
• Facing criminal charges related to domestic violence
• Assisting with safety planning and accessing victim services

Legal representation can be vital to ensure your safety, preserve your parental rights, and secure a fair outcome in court.

Local Laws Overview

Burlingame is located in San Mateo County, California, and is subject to California state laws regarding domestic violence. Key aspects of local domestic violence laws include:

• California Penal Code Section 273.5: This law makes it a crime to inflict corporal injury resulting in a traumatic condition on an intimate partner.
• Domestic Violence Restraining Orders: Victims can file for an emergency protective order, temporary order, or permanent order through the county courthouse. These orders can prohibit contact, limit communication, and address custody, residence, and financial matters.
• Mandatory Arrest Policies: When law enforcement responds to a domestic violence call and has probable cause, an arrest is often mandatory.
• Child Custody Law: Courts consider allegations or evidence of domestic abuse when making child custody decisions, prioritizing the safety of the child and abused parent.
• Victims' Rights: Victims have the right to request that their addresses remain confidential and to access victim advocates or support services.

It is important to know that even non-physical acts like threats, harassment, or stalking can be classified as domestic violence under California and thus Burlingame law.

Frequently Asked Questions

What should I do if I am experiencing domestic violence in Burlingame?

If you are in immediate danger, call 911. For non-emergency situations, contact local law enforcement or a domestic violence helpline to make a report and seek guidance on protective measures.

How do I get a restraining order in Burlingame?

You can apply for a domestic violence restraining order at the San Mateo County Superior Court. Forms are available at the courthouse or online, and help is available through court self-help centers or advocacy organizations.

Can I keep my home and children if I get a restraining order?

Restraining orders can include provisions allowing you to remain in the family home and granting temporary custody of children to protect their safety.

What happens to someone arrested for domestic violence?

After arrest, the accused may be held in jail and formally charged. Bail may be set, and they will have to appear in court. A judge may issue a restraining order or protective order as part of the process.

Will domestic violence charges affect child custody?

Yes, evidence or findings of domestic violence have a significant impact on child custody decisions. Courts prioritize the child's safety and may limit abusive parents' custody or visitation rights.

What counts as domestic violence under California law?

Domestic violence includes physical harm, threats, intimidation, harassment, stalking, sexual assault, financial control, and destroying personal property when directed at someone with whom you have a close relationship.

Is counseling mandatory for those accused of domestic violence?

Often, courts will require individuals convicted of domestic violence offenses to attend a batterer intervention program or counseling as part of their sentence.

How long does a restraining order last?

Temporary restraining orders typically last a few weeks until a court hearing. Permanent restraining orders issued after a hearing can last up to five years.

Can a restraining order be dropped or modified?

Either party can ask the court to modify or drop the order, but only a judge can make the changes after reviewing the case and any new information.

Where can I find free or low-cost legal help in Burlingame?

Several organizations provide legal assistance, including the San Mateo County Legal Aid Society, Community Overcoming Relationship Abuse (CORA), and court self-help centers.

Additional Resources

Support and resources are available for those experiencing domestic violence in Burlingame. Helpful organizations and governmental bodies include:

• San Mateo County Superior Court - For restraining orders and legal filings
• CORA (Community Overcoming Relationship Abuse) - Offers legal assistance, counseling, and shelter services
• San Mateo County District Attorney's Office - Victim advocacy and prosecution of domestic violence offenders
• Legal Aid Society of San Mateo County - Free or low-cost legal representation for qualifying individuals
• California Partnership to End Domestic Violence - Statewide advocacy and support
• National Domestic Violence Hotline - 24/7 confidential assistance for crisis intervention and referrals

Next Steps

If you need legal assistance with a domestic violence matter in Burlingame, start by ensuring your immediate safety. Contact law enforcement if necessary. Gather any evidence of abuse, such as photos, messages, or witness statements. Reach out to a local domestic violence organization or legal aid clinic for support and guidance. You may visit the San Mateo County courthouse to initiate protective orders or access self-help resources. Consulting a qualified attorney is strongly recommended to understand your rights, navigate the legal process, and protect yourself and your family.

Remember, you are not alone, and there are supportive services available to assist you through every step of dealing with domestic violence in Burlingame.