Domestic Violence Attorney in San Jose

Are You Facing Domestic Abuse in the Bay Area? Pursue Legal Protection with Our Help.

Are you involved in an abusive situation? We understand that you may fear to take legal steps to separate yourself from your abuser. However, you have legal protections. At the Law Offices of Thomas Nicholas Cvietkovich, we are dedicated to helping victims of domestic violence. Attorney Nick Cvietkovich practices both family and criminal law. This unique experience gives him a qualified edge to help clients facing domestic violence and family matters.

What Is Domestic Violence?

It is important to understand that domestic violence encompasses much more than physical assault or injury. This all-too-common type of violence can take many forms. 

Domestic abuse can include one or a combination of the following:

  • Intimidation
  • Stalking
  • Physical abuse
  • Emotional abuse
  • Verbal abuse
  • Sexual abuse

You can find a more detailed definition of domestic abuse under California Family Code Section 6203 and Section 6320.

Types of Domestic Violence Abuse

Under California law, domestic violence encircles more than married partners. In fact, the relationship does not have to be romantic at all. However, a close relationship must exist.

Domestic violence abusers can be any of the following:

  • Spouse or registered domestic partner
  • Separated or divorced partners
  • Someone you date or used to date
  • Someone you live with or used to live with as more than roommates
  • Parent of your child
  • Relative, including, but not limited to a parent, grand-parent, child, sibling, or in-law

Speak to our San Jose domestic violence lawyer about safe options by filling out our online contact form or calling us at (408) 844-4016.

Domestic Violence Restraining Orders

If you are in danger now, please call 911. Abuse or the threat of abuse in a domestic relationship may warrant a restraining order. The purpose of a domestic violence restraining order (DVRO) is to provide victims enough time to create the necessary changes needed to create a safe environment for themselves and their family. 

A DVRO has many benefits. A restraining order may require the abuser to adhere to the following:

  • Stay-away orders concerning you and your loved ones
  • No contact orders
  • Child custody and child support orders
  • Orders about the possession of firearms
  • Our San Jose domestic violence attorney can assist you in establishing the proper boundaries and safety procedures you need and deserve

Can Domestic Violence Affect My Divorce?

California is a no-fault divorce state. Generally, no matter the situation, “irreconcilable differences” will be the reason labeled on the divorce filing. Even so, victims of domestic violence may introduce evidence of abuse to the court during the divorce process. The court takes accusations of domestic violence seriously. This is especially true if children are involved.

How Does Domestic Violence Affect Spousal Support?

Under California Family Code Section 4325, if a domestic violence conviction exists within five years of the divorce filing, then it is presumed that the accused will not receive spousal support. However, this is not automatic and can be contested and overturned.

Depending on the circumstances of the case, the court may award greater spousal support to victims of abuse. Our San Jose domestic violence lawyer can help protect your best interests during divorce proceedings.

Seeking Legal Protection for Domestic Violence Victims

Domestic violence can have devastating effects on individuals and families. If you or someone you know is facing domestic abuse, it is important to seek legal protection as soon as possible. Our experienced San Jose domestic violence attorneys at the Law Offices of Nick Cvietkovich are dedicated to helping victims of domestic violence navigate the legal process and obtain the protection they need.

Our legal team can assist with:

  • Filing for a restraining order
  • Providing legal representation in court hearings
  • Advocating for the rights of domestic violence victims
  • Offering support and guidance throughout the legal process

Don't hesitate to reach out for help. Our compassionate and knowledgeable attorneys are here to provide the legal support and protection you need during this difficult time.

“Nick has helped me and my family on multiple occasions, he is incredibly professional and will always look out for your best interest. I highly recommend talking to him and seeing how he can help your case.”

Ready to Take the Next Step? Call Us Today!

You have legal protections available to you. Our San Jose domestic violence attorney can help you to understand your best options in a safe environment.

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