Best Domestic Violence Lawyers in Clovis

About Domestic Violence Law in Clovis, United States

Domestic violence is a serious issue affecting individuals and families in Clovis, United States. The legal definition includes physical harm, threats, harassment, emotional abuse, and other forms of mistreatment between people in intimate or family relationships. Domestic violence laws in Clovis are designed to protect victims, prevent further harm, and ensure perpetrators are held accountable. Local authorities and the court system work together to provide support, legal remedies such as restraining orders, and pursue criminal charges when warranted.

Why You May Need a Lawyer

Navigating domestic violence cases can be challenging, emotionally charged, and legally complex. If you are a victim, a lawyer can help you obtain protective orders, represent you in court hearings, and advise you on your rights regarding child custody or divorce if needed. If you have been accused of domestic violence, legal representation is critical to ensure your rights are protected and to help you understand the criminal and civil consequences you might face. Common situations requiring legal help include:

• Filing or responding to a restraining order or protection order
• Seeking custody or visitation rights in the context of domestic violence
• Pursuing or defending against criminal domestic violence charges
• Responding to false allegations
• Navigating family law issues such as divorce or support where abuse is involved

Local Laws Overview

In Clovis, domestic violence is primarily governed by California state law, as Clovis is located within Fresno County, California. Relevant laws include the California Penal Code and the Family Code.

• Domestic violence covers abuse between spouses, former spouses, cohabitants, people who have dated, and those who share children.
• Victims can seek Domestic Violence Restraining Orders, which may include personal conduct orders, stay-away orders, and residence exclusion orders.
• Violations of a restraining order are criminal offenses and can lead to immediate arrest and possible jail time.
• Domestic violence convictions can impact child custody, visitation, and firearm ownership rights.
• Both criminal and civil courts may be involved in handling cases of domestic violence.

Frequently Asked Questions

What counts as domestic violence in Clovis?

Domestic violence includes physical abuse, threats, stalking, sexual assault, harassment, emotional abuse, and destruction of property by a current or former intimate partner, cohabitant, or family member.

Who can get a restraining order in Clovis?

Anyone who has experienced abuse or credible threats of abuse from a current or former spouse, partner, co-parent, close relative, or roommate can seek a restraining order through the local court.

How long does a restraining order last?

Emergency protective orders may last up to 7 days, while temporary restraining orders typically last 20-25 days. A permanent restraining order can last up to 5 years, and may be renewed if necessary.

Can domestic violence impact child custody?

Yes, evidence of domestic violence is taken seriously in child custody determinations. Courts prioritize the safety and well-being of the child and may limit or restrict custody or visitation rights for an abusive parent.

Is domestic violence only physical?

No. Verbal, emotional, psychological, and financial abuse can also be considered domestic violence, even if no physical harm occurs.

What should I do if I am falsely accused?

Seek legal advice immediately. Do not contact the accuser or violate any court orders. Gather evidence that supports your case and comply with all court proceedings to protect your rights.

Can I press criminal charges for domestic violence?

Yes. Report the abuse to the Clovis Police Department or Fresno County Sheriff's Office. Law enforcement can investigate, and the District Attorney's office may file criminal charges against the abuser.

What happens if someone violates a restraining order?

Violating a restraining order is a criminal offense. Offenders can be arrested, charged, and may face jail time, fines, and additional restrictions.

Are there shelters or support services available?

Yes. There are local shelters and organizations offering emergency housing, counseling, legal assistance, and support for domestic violence victims in and around Clovis.

Do I have to pay for a restraining order?

There are generally no filing fees for domestic violence restraining orders in California. Some additional orders or services may have costs, but fee waivers are available for those who qualify.

Additional Resources

If you or someone you know is affected by domestic violence in Clovis, these resources may help:

• Clovis Police Department - Domestic Violence Unit
• Fresno County Superior Court - Family Law Division
• Marjaree Mason Center (Fresno County's main domestic violence shelter and support organization)
• California Partnership to End Domestic Violence
• Victim-Witness Assistance Program, Fresno County District Attorney's Office
• Legal Aid at Central California

Next Steps

If you need legal assistance for a domestic violence matter in Clovis, take these steps:

• Ensure immediate safety by contacting law enforcement if you are in danger.
• Document any evidence of abuse, including photos, messages, and witness accounts.
• Reach out to a local domestic violence shelter or helpline for support and guidance.
• Consult with an experienced domestic violence attorney to understand your rights and the legal process.
• File for a restraining order or protection order if you fear for your safety.
• Follow through with all court proceedings and stay informed about your obligations and protections.

Remember, you do not have to face domestic violence alone. Legal help, community resources, and law enforcement are available to offer support and protection.