If you and/or your child are the victims of domestic violence, it is very important that you seek out legal counsel immediately to assist you in obtaining protection from the person abusing you through a Domestic Violence Restraining Order (DVRO). It does not matter if you have only been residing in California with your child for a few days. The California Family Code contains special provisions for situations involving domestic violence that allow courts to obtain “temporary emergency jurisdiction” over your case. Domestic violence and emergency jurisdiction matters can be very complicated and you should hire an experienced domestic violence restraining order attorney today to assist you.
Temporary Emergency Jurisdiction (California Family Code Section 3424)
Generally, in order to file a family law case in California where there are children involved, the minor children must have resided in California for at least six months prior to the filing of the action. However, the California Family Code has special provisions allowing for temporary emergency jurisdiction in two types of situation:
- Where the minor child has been abandoned; and
- Where the minor child is the victim of mistreatment, abuse or domestic violence.
Where the minor child has been abandoned
For the purposes of temporary emergency jurisdiction, the family law courts look to California Family Code Section 3402 to determine whether a minor child has been abandoned. A child has been abandoned when he or she has been left without provision for reasonable and necessary care or supervision. This generally occurs when neither legal parent is available to take care of the minor child, such as when both parents have been incarcerated. A California court would be able to take temporary emergency jurisdiction to make provisions for the minor child’s safety and welfare.
Where the minor child is the victim of mistreatment, abuse or domestic violence
If you and your child are the victims of mistreatment, abuse or domestic violence, the Court will be able to hear your case regardless of how long you have been in California. This may be true even if there is only a possibility of immediate danger to you and your child. The threat of immediate danger may be enough for the court to exercise temporary emergency jurisdiction over you and your child in order to impose orders that will protect you and your child from harm.
In domestic violence situations, you can move to California for the sole purpose of getting away from an abusive situation and immediately file a request for a domestic violence restraining order for your protection. If you or someone you love is the victim of domestic violence, do not hesitate to contact us regardless of how long you have lived in California.
Call the Domestic Violence Restraining Order Attorneys
If you or someone you love is the victim of domestic violence, it is very important that you speak with one of our experienced domestic violence restraining order attorneys. Our family law attorneys have over 30 years of experience in handling domestic violence and emergency jurisdiction matters and possess the knowledge of the law and attention to detail necessary to help you to obtain the most favorable result possible in your case.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville and Ventura, we are always available, wherever you happen to live.
Call us today at (888) 749-7428. We will get through this together.