They say home is where the heart is. But for some, their home is a battlefield of constant conflict and abuse—whether verbal, physical, emotional, psychological or financial. We get it. Maybe you entered a relationship thinking of “happily-ever-after,” but now, you can only think of finding the best escape route from the nightmare you find yourself trapped in. We are here to help. Our Long Beach domestic violence attorneys can help you reclaim your safety, get protective restraining orders, safeguard your children, or navigate the way out of high-tension conflicts legally. You do not have to face everything alone.
At BG Family Law, APC, we have several years of experience helping victims of domestic violence find the legal tools to transition toward safety. We understand the complex legal and emotional hurdles you are up against, and we are here to fight alongside you, tooth and nail. Our dedicated and experienced team, led by our Certified Family Law Specialist, Brinda Gandhi, is here to help you secure restraining orders, protect your children, and build a reliable legal path toward a safer future. You deserve an advocate who is swift, dependable, and fiercely committed to your protection. You deserve the services of BG Family Law’s domestic violence lawyer Long Beach.
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Understanding Domestic Abuse Under California Law
Domestic violence can wreck every aspect of family life, bringing urgent safety concerns, custody questions, and court deadlines into the fray. Under California Law, domestic violence covers more actions and behaviors than just physical abuse alone. More subtle and covert forms of abuse encompassing emotional, verbal, or psychological abuse may be considered domestic violence, as outlined in California Family Code Section 6320.
California Law defines domestic violence as any form of abuse committed by an “intimate partner.” According to California Penal Code Section 13700, this could include reckless or intentional attempt to cause bodily injury or even the threat of causing bodily injury against that person. California law permits a range of domestic violence victims, as defined in California Family Code Section 6211 where multiple persons can fit the broad category of “intimate partners,” to include:
- Your spouse
- Your former spouse
- Your domestic partner
- Your former domestic partner
- A person with whom you’ve had a child
- A current live-in romantic partner
- A former live-in romantic partner
- Someone you are currently dating
- A person you’ve dated previously
- A person related by consanguinity or affinity within the second degree
In a domestic violence situation, you need to act fast, since the legal landscape shifts rapidly, and the window to protect yourself, your children, or your rights can close within a matter of days. At BG Family Law, we understand that immediate legal guidance extends beyond paperwork, as it is about establishing clear boundaries before the other party can dictate the narrative. For instance, emergency mechanisms like Temporary Restraining Orders are granted within 24 hours without the other person being present, forcing the abuser to leave the family home, hand over firearms, and maintain physical distance from you and your children. Also, domestic violence allegations alter child custody dynamics, where if a judge believes your children are in danger, they might issue emergency custody orders. Therefore, when faced with domestic violence, you have no time to lose. Getting in touch with our domestic violence lawyer Long Beach can help preserve the comprehensive “evidence trail” of text messages, call logs, and social media posts before it is lost or altered.
Why Choose Our Long Beach Domestic Violence Attorneys?
What Does a Long Beach Domestic Violence Attorney Do?
Our experienced, professional Long Beach domestic violence attorneys at BG Family Law work through the complex interplay of California’s criminal and family law to secure you justice and peace of mind.
- Filing and Enforcing Restraining Orders: We at BG Family Law fast-track requests for Domestic Violence Restraining Orders (DVROs), including securing temporary DVROs (TDVROs) that mandate your abuser to stay away from you and your children, including at home, the workplace, and the school, while surrendering all firearms that they may possess.
- Emergency Hearings: We handle emergency, ex-parte hearings to secure immediate safety interventions before a full court-date can be scheduled.
- Evidence and Witness Protection: We gather police reports from agencies such as the Police Department, compile medical records, preserve text messages, logs, photos and prepare witnesses to testify under pressure.
- Court Appearances: Family law judges in the Long Beach courts of the Los Angeles Superior Court system require strict adherence to the California Family Code. Our domestic violence attorneys present the arguments, cross-examine parties, and handle all formal litigation.
- Child Custody Issues: Under California Family Code Section 3044, there is a legal presumption that awarding sole or joint custody to a person accused of domestic violence will go against the best interests of the child.
- Divorce implications: A DVRO or a domestic violence finding can bar or reduce the amount of spousal support an abuser receives, regardless of the income disparity.
- Settlement Negotiations: While safety and strict legal boundaries are non-negotiable, supporting issues such as temporary financial support, property control, and supervised visitation schedule often require intense negotiation between opposing counsels to avoid prolonged, traumatic trial processes.
Types of Domestic Violence Cases We Handle
The definition of domestic violence includes several forms of abuse in California:
Who Can Request a Domestic Violence Restraining Order?
A DVRO can be filed by any of the victims of domestic violence, including but not limited to:
- Spouse
- Former spouse
- Dating partner
- Former dating partner
- Parent
- Child
- Roommate
- Family member
- Registered domestic partner
Domestic Violence Restraining Orders (DVRO) Explained
A domestic violence restraining order can be issued against someone you have dated or had an intimate relationship with, including a spouse or a domestic partner. However, a DVRO can also be issued against a relative who has abused you or your children. The abuse can be emotional, verbal, or physical and may take place anywhere, including online.
If you are 12 years or older, you can ask for a restraining order on your own without any parent’s permission. In some cases, you may be asked by a judge to have a trusted adult help you. Additionally, if you are over 18, you can go to your local court for help. Conversely, if you are 12 or older and someone has asked for a restraining order against you, you can approach the court without a parent. Here too, you may be asked by the judge to have a trusted adult help you.
There are three types of domestic violence restraining orders:
Emergency Protective Orders (EPO)
If a police officer gets a call about a domestic violence situation, and if they assess according to their discretion that you or your child are in immediate or present danger of domestic violence, then they can call a judge at any time of the day or night, and ask them to issue an emergency protective order for you. This emergency protective order will go into effect immediately.
However, you must remember that a judge will only issue an emergency protective order if they believe that there is an immediate or present danger of domestic violence or there is an immediate or present danger of abuse or abduction of the child by a parent or relative and issuing the order can help prevent child abuse, abduction, or domestic violence.
You must also remember that an emergency protective order can last only for 5 business days or 7 calendar days. This emergency restraining order is supposed to buy you time so that you can approach the court and request for a Domestic Violence Restraining Order (DVRO), which lasts longer. A judge can include most of the protections in your emergency order which you get in a DVRO, such as removing the abuser from your home, ordering them to have no contact with you, and also giving you temporary custody of your children.
Note: EPOs are only available through the Police Department on a 24-hour basis. In most cases, EPOs are issued when the police discern that the circumstances present a possibility of immediate danger to the victim.
Temporary Ex Parte Restraining Order (TRO)
When you go to court to apply for a restraining order, the clerk will usually give you a date, within three weeks, when you will have to come back for the full hearing. If you need immediate protection due to your situation, then you can ask for a temporary ex-parte restraining order. These orders order the abuser to leave home, have no contact with you or your children, and offer other types of protection. If you file for a DVRO electronically, the temporary ex-parte order will also be issued electronically.
Note: The court tries to grant all TRO requests on the same or next day. Once you have obtained a TRO, the restrained party must be served with a copy (anyone over the age of 18 years except you can hand over the TRO to the restrained party. Once they have received the TRO, a Proof of Service must be filed with your local court.) You need to retain all documents because in three weeks, you must return to court to obtain an order that is valid for a period of 1-5 years.
Restraining Order After Hearing
You will be scheduled for a hearing to get a final DVRO, whether or not you have a temporary order, which you could attend either remotely or in-person. A judge can grant you a “restraining order after hearing” that can last up to five years. However, if there is no termination date on the order, then it can last up to three years from the date of issue. You can ask the judge to have the order extended prior to expiration for another five years or permanently. The judge can make these extensions without you having to prove further abuse.
How to Get a Domestic Violence Restraining Order in Long Beach?
Once you know which kind of restraining order you need, you might have to follow specific steps to file for a restraining order in court:
How Our Long Beach Domestic Violence Attorneys Can Help
Getting appropriate legal support is essential to maintaining your wellbeing along with that of your children. BG Family Law provides skilled legal representation in handling all types of domestic violence and abuse, whether physical, verbal, psychological, digital, or financial. Our Long Beach domestic violence attorney is well-versed in all aspects of family law as well as criminal law and can provide astute defense in your case. As soon as you approach us, our process kicks into action, involving:
Frequently Asked Questions