Domestic Abuse Lawyer

Protecting Your Rights and Fighting for You

Are you in an abusive relationship and need to file a restraining order against your partner? Have you been accused of domestic violence and need a strong defense to protect your rights? At Lewellen Family Law Firm, will diligently prosecute or defend domestic abuse under the Domestic Violence Protection Act (DVPA) in California Family Law Courts.

Attorney Kimberly Lewellen has built a strong reputation in courts across Northern California for his zealous advocacy in complex domestic violence matters in both seeking and defending restraining orders sought under the DVPA.

Having an experienced domestic abuse lawyer like Kimberly is the best way to ensure your rights are being protected. Understanding the required legal forms to file and how to present the evidence to support your case is essential to achieve a successful outcome.

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What is the Definition of Domestic Violence In Family Law?

In California, domestic violence cases can be tried in both criminal and family courts. In the family law court system, domestic violence is addressed in the Domestic Violence Prevention Act (Family Code 6200 et. seq.).

    Under the DVPA, some victims of domestic violence can file for a restraining order, also referred to as a protection order. The act defines domestic violence as abuse perpetrated against any of the following persons:

    1. A spouse or former spouse.
    2. A person who regularly resides in the household or formally regularly resided in the household.
    3. A person with whom the respondent is having or has had a dating or engagement relationship.
    4. A person with whom the respondent has had a child.
    5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
    6. Any other person related by consanguinity or affinity within the second degree.

      The act stipulates that abuse is not limited to the actual infliction of physical injury or assault and defines abuse as any of the following actions:

      1. To intentionally or recklessly cause or attempt to cause bodily injury.
      2. Sexual assault.
      3. To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
      4. To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

      Preparation, craft and determination!

      “Very sharp without getting into detail about my case, I’d just like to say that Michael dug me out of a pretty deep hole. His preparation, craft and determination enabled me to prevail. Thanks to him, my family and children can live a much better life.” ~ Avvo

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      Proven Domestic Abuse Legal Proces

      No matter if you are petitioning for a protective order or need to craft a defense to oppose one, when you choose to hire Lewellen | Strebe Family Law Firm, you are getting the expert legal advice we have acquired from years of representing clients just like you to protect their rights and remain safe. While each client’s case can have unique issues and we craft our approach to each specific situation, we start each case with our proven process which includes:

      Free Initial Consultation

      Any case involving domestic violence allegations can be intimidating and confusing, so understanding your rights and the legal process is key to a successful outcome. Our free initial one-hour consultation allows you to get to know our law firm and attorneys who take the time to listen to your concerns and answer your questions. We offer a free initial consultation rather than charge you because we do not feel the need to charge our potential new clients for learning about our firm and how we can serve them. It is also another small way we can help people who may not be able to afford hiring an attorney.

      Establish Goals and Method
      From the very beginning, you meet with Attorney Kimberly Lewellen, who will work directly with you every step of the way when you choose to have us represent you. They examine your unique issues surrounding your domestic abuse case and work with you to establish the goals and identify what legal tools to use to best achieve them.
      Prepare A Legal Strategy

      Once we understand all the issues surrounding your case, we prepare a legal strategy to achieve your goals. We also begin to gather all the documents and documentation the California Family Courts will require. This can include emergency protective order petitions, sworn affidavits, and other court fillings.

      Mediation Point 4
      We Diligently Represent You in Court

      Should your case go to court, you can have peace of mind that you are being represented by an attorney with years of experience negotiating, arguing for, and attaining results that are in the best interest of our clients and their families.

      Additional Family Law Services We Provide

      Domestic abuse cases can vary due to many factors including divorce, child custody, support and visitation, property division, high-wealth cases, just to name a few. Our family law attorneys and professionals provide our clients with an exceptional depth of experience handling cases involving a wide range of legal issues, including:

      Frequently Asked Questions About Domestic Abuse

      Will A Domestic Abuse Allegation Affect Child Custody?

      The family court will consider all available information when making its decision for the best interest of the child. This can include a proven history of domestic abuse and new allegations. Generally, a court will award custody to the parent who filed the application for restraining orders and maintain those orders until there is a trial on the abuse allegations. . Depending on the circumstances, the court may still allow the accused parent to have visitation time with the child, which may likely be at a neutral location under the supervision of a court-approved third party. If the Court finds that the respondent committed acts of domestic abuse against the protected parties, there is a presumption against joint legal and physical custody which the respondent must overcome with evidence and skillful argument.

      What Happens at a Domestic Violence Hearing?

      There are many things that can go into a domestic violence hearing depending on the allegations and other considerations surrounding the case. In general, both sides will plead their cases and offer any evidence to support their statements. In addition to making a ruling on the protective order, the judge may also consider and rule on issues involving the best interest and safety of any minor children relatedto the case. Each party has a right to request an evidentiary hearing. Further, courts will often grant a continuance of the initial hearing to give the accused party time to secure legal counsel.

      What If I Am Being Falsely Accused of Domestic Violence?

      If you find yourself being falsely accused of domestic violence in an attempt to sway the opinion of the court against you on issues of abuse, custody, support, and attorney’s fees and costs, you should immediately contact a domestic violence attorney who is experienced in defending abuse allegations in family court. It is important that you understand your rights and what legal strategies are available to you. Since beginning his career in criminal defense, Attorney Kimberly Lewellen has a unique and focused trial practice on domestic abuse cases. She has successfully argued against protection orders that were sought on the grounds of false accusations.

      What is the California Domestic Violence Act?

      Enacted in 1993, the California Domestic Violence Act was created to streamline the process of obtaining a temporary restraining order against an abuser. Before the bill was passed into law, the process for getting a protective order was much more complicated, lengthy, and expensive. Allowing the family courts to hear cases on domestic violence protection orders also allows the same judge to consider other family law issues in the case such as child custody.

      What if I Need Immediate Protection from An Abuser?

      California Family Code 6250 has provisions that can afford immediate protective measures if it is deemed a victim is under imminent danger. An ex parte emergency protective order may be issued by a judicial officer when a law enforcement officer find reasonable grounds to believe any of the following:

      That a person is in immediate and present danger of domestic violence, based on the person’s allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought.

      1. That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member.
      2. That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction.
      3. That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse.