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Restraining Order

Restraining Order A California restraining order, also known as a “protective order,” is designed to protect the victims of abuse, harassment, threats, or stalking. These legally binding orders are a way to remove an offender from the victim’s home, keep the offender a certain distance away, or prevent him or her from engaging in certain activities. Offenders who violate a restraining order face a number of penalties, and more importantly, restraining orders can give abuse victims a sense of peace and safety. Protecting you and your family is a serious, critical matter. The peace of mind that comes with a restraining order can help you get things back on track and move forward in your life. If you or a loved one are interested in obtaining a restraining order, call the Law Office of Heath L. Baker at (951) 220-8010 or contact us online. Mr. Baker will discuss your case in a free, confidential consultation and determine the best option for your unique situation. Elements of a Restraining Order In the state of California, a restraining order can include: Residence exclusion orders: Also known as a “kick-out” or “move-out” order, these orders tell the restrained person to move out from the victim’s place of residence. It also stipulates that the restrained person take only clothing and personal belongings until the court hearing takes place. These orders only apply in cases of domestic violence, elder abuse, or dependent adult abuse. Personal conduct orders: These orders require the restrained person to stop specific acts against the victim. This can include calling, sending any type of messages, attacking, stalking, threatening, sexually assaulting,...
Domestic Violence

Domestic Violence

Domestic Violence Domestic violence is a widespread and deeply troubling offense One in 3 women and 1 in 4 men have experienced some type of physical violence from an intimate partner in their lifetime, and an alarming number of these incidents go unreported. The abuser does not have to be a spouse or even living in the same home in order to commit domestic violence. The National Coalition Against Domestic Violence defines it as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another.” This includes physical assault and battery, stalking, sexual assault, rape, threats, and other offenses. Domestic violence is an emotionally charged issue that deeply impacts the lives of survivors, their children, and their families. If you or a loved one are interested in pursuing civil charges against an abuser, call The Law Office of Heath L. Baker at (951) 220-8010 or contact us online.Attorney Heath Baker will aggressively pursue your case and work to hold the abuser accountable, while treating you and your family with compassion during this difficult time. Call today to schedule your free consultation and continue the path to recovery. Getting Help in an Abusive Situation If you are living in an abusive household, it is important to remember that you are not alone and the abuse is not your fault. While you may be feeling overwhelmed or trapped in an abusive situation, there are numerous resources available to help you make the difficult decisions. Depending on your unique situation, one or more of...
Domestic Violence & Custody Rights

Domestic Violence & Custody Rights

Domestic Violence & Custody Rights How Domestic Violence Can Impact Custody Decisions Managing a family is often very high-stress, with many factors causing friction within couples. Financial difficulty, jealousy, frustration at work, and sometimes incompatibility between spouses can all contribute to stress and conflict within a marriage. Arguments are something every couple must eventually deal with, when emotions are at their highest and situations become tense. Some people naturally handle these sorts of stresses better than others – and some do not handle them well at all. Tragically, there are those who cannot manage their temper and react in the worst possible way to the stresses of family life. Frustration and anger can boil over in these individuals, turning an unfortunate argument violent or physically lashing out at their loved ones over the difficulties they face from day to day. Sometimes alcohol and drug abuse can intensify these behaviors, prompting violence from people who would otherwise never do their family harm. Domestic violence is a serious issue, and it is taken very seriously in family court. In cases of child custody in particular it is very important factor in determining whether custody should be joint or belong solely to one parent, and how visitation is determined and managed. The potential that a parent might harm their child is a vital consideration when determining how much contact that parent should have, and whether or not that contact should be supervised, and as such every state in the US  directly considers a record of domestic violence, if one exists, when determining the best interests of the child. In California, such a...