Orange County Family Lawyers Helping Clients Facing Domestic Violence
Orange County Domestic Violence Victims Lawyer
When domestic violence enters a home, every aspect of life changes. Victims often struggle not only with the physical and emotional toll of abuse but also with overwhelming uncertainty about what legal options exist and how to protect themselves and their children. At Sarieh Family Law, we understand the courage it takes to seek help, and we are committed to guiding victims through every step of the legal process with compassion, clarity, and determination.
With over 20 years of experience in California family law, Attorney Wail Sarieh and our dedicated legal team have helped countless individuals in Orange County including Costa Mesa, take the critical steps needed to secure safety and rebuild their lives. Whether you need a restraining order, guidance through a divorce, or protection in a child custody dispute, our firm is prepared to stand by your side.
What To Do?
How Can Domestic Violence Attorneys Help Me in Orange County?
Many victims of domestic violence do not know where to turn or what legal protections are available to theMany victims of domestic violence do not know where to turn or what legal protections are available to them. The legal system provides several powerful tools to protect victims and their families, but navigating that system without experienced legal guidance can feel impossible, especially when you are in crisis.
Our domestic violence attorneys at Sarieh Family Law provide a comprehensive range of legal services for victims, including:
- Filing for emergency protective orders and domestic violence restraining orders (DVROs)
- Representing victims in restraining order hearings at the Orange County Superior Court
- Advocating for protective custody arrangements that prioritize children’s safety
- Assisting with domestic violence-related divorce proceedings
- Helping victims secure spousal support and other financial protections
- Guiding victims through the process of documenting abuse for the family court
Every situation is different, and our approach is tailored to the specific needs and circumstances of each client. We take the time to listen, to understand, and to develop a legal strategy that addresses both immediate safety concerns and long-term family law matters.
What Clients are saying
California Law
Understanding Domestic Violence Under California Law
California law provides a broad and protective definition of domestic violence. Under California Family Code Section 6203, California Legislative Information, domestic violence includes abuse committed against a protected person. Abuse is defined as any of the following:
- Intentionally or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Placing a person in reasonable apprehension of imminent serious bodily injury
- Engaging in behavior prohibited under Family Code Sections 6320 to 6322, including harassment, stalking, threatening, disturbing the peace, and destroying personal property
Importantly, domestic violence in California is not limited to physical harm. Emotional abuse, psychological manipulation, financial control, and digital harassment can all qualify as domestic violence under the law.
Who Is Protected Under California Domestic Violence Law?
| Relationship Type | Examples |
|---|---|
| Spouse or former spouse | Married couples, divorced individuals |
| Cohabitant or former cohabitant | Live-in partners, former roommates in romantic relationships |
| Person with whom the respondent has had a child | Co-parents, regardless of relationship status |
| Person in a dating or engagement relationship | Current or former dating partners |
| Person related by blood or marriage | Children, parents, siblings, grandparents |
Restraining Order
What Is a Domestic Violence Restraining Order (DVRO)?
A Domestic Violence Restraining Order (DVRO) is a legal order issued by a California court that requires the person who has engaged in abusive behavior (the “restrained person” or “respondent”) to stop the abusive behavior and stay away from the victim (the “protected person” or “petitioner”).
DVROs are one of the most powerful legal tools available to domestic violence victims in California. They can order the restrained person to:
- Stay a specified distance away from you, your home, your workplace, and your children’s school
- Have no contact with you by phone, text, email, or through third parties
- Move out of a shared home
- Surrender all firearms and ammunition
- Comply with custody and visitation arrangements that protect the children
- Pay temporary spousal support or child support
California courts take DVRO violations extremely seriously. A person who violates a DVRO can be arrested and charged with a criminal offense.
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The Three Types of Domestic Violence Restraining Orders in California
California law provides for three types of restraining orders in domestic violence cases, each designed for different stages of the process:
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Emergency Protective Order (EPO)
An Emergency Protective Order is issued by law enforcement officers at the scene of a domestic violence incident. Under California Family Code Section 6250, police officers can request an EPO from a judge by phone at any time, day or night. The EPO goes into effect immediately and typically lasts five to seven business days, giving the victim time to file for a more formal restraining order through the court.
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Temporary Restraining Order (TRO)
A Temporary Restraining Order is obtained by filing a petition with the court. Under California Family Code Section 6320, a judge can grant a TRO without the restrained person being present, based solely on the petitioner’s account of the abuse. A TRO typically lasts between 20 and 25 days until a formal court hearing can be held.
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Permanent Domestic Violence Restraining Order
Despite its name, a permanent DVRO is not necessarily forever. After the TRO hearing, both parties have the opportunity to present evidence and testimony. If the judge finds sufficient evidence of abuse, a permanent DVRO can be issued for a period of up to five years, with the option to renew.
How to Obtain a Domestic Violence Restraining Order in Orange County
Filing for a DVRO in Orange County involves several steps, and having an experienced attorney by your side can make the process significantly smoother and more effective.
The California Courts DVRO Forms provide standardized forms for requesting a DVRO. These include the Request for Domestic Violence Restraining Order (Form DV-100), a confidential address information form, and forms related to child custody and support if children are involved.
Forms must be filed at the Orange County Superior Court. Our attorneys can help you select the appropriate courthouse and ensure all paperwork is completed accurately and completely.
After filing, a judge will review your petition, often on the same day. If the judge grants the TRO, you will receive copies to serve on the restrained person.
Domestic Violence and Child Custody in California
One of the most critical intersections between domestic violence law and family law involves child custody. California law takes a firm stance on protecting children from exposure to domestic violence.
Under California Family Code Section 3044, there is a rebuttable presumption that it is detrimental to the best interest of a child to grant sole or joint physical or legal custody to a parent who has perpetrated domestic violence within the past five years. This means that if a parent has been found to have committed domestic violence, the court will presume that giving that parent custody is harmful to the child. The abusive parent bears the burden of overcoming this presumption.
Practical implications for custody include:
- The abusive parent may be limited to supervised visitation only
- Custody exchanges may be required to take place at a neutral, public location
- Overnight visits may be restricted or prohibited
- Custody evaluations may be ordered to assess the safety of the child
- In serious cases, parental rights may be terminated
Protecting your children is often the most urgent priority for domestic violence victims, and our attorneys are skilled advocates in custody disputes involving allegations of abuse.
Domestic Violence and Divorce in California
When domestic violence is present in a marriage, it can significantly affect the divorce process. While California is a no-fault divorce state, meaning neither spouse needs to prove wrongdoing to obtain a divorce, domestic violence is still legally relevant in several important ways.
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Emergency Protective Orders During Divorce
If you are involved in a divorce and are experiencing ongoing abuse, our attorneys can seek emergency protective orders as part of the divorce proceedings. These can include orders preventing the abusive spouse from dissipating marital assets, interfering with your access to children, or contacting you or your family members.
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Property Division
While domestic violence does not directly affect the 50/50 division of community property in California, it can be relevant to arguments about dissipation of marital assets, fraud, or other misconduct that affects the marital estate.
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Spousal Support
Under California Family Code Section 4320, a court considering spousal support must take into account documented evidence of any history of domestic violence between the parties. A victim of domestic violence may be entitled to increased support, while a spouse convicted of a domestic violence crime may face restrictions on receiving support.
Consequences
Criminal Consequences for Domestic Violence Offenders in California
While our firm focuses on family law, it is important for victims to understand the criminal side of domestic violence, since criminal proceedings often run parallel to family court matters.
Under California Penal Code Section 273.5, it is a crime to inflict a corporal injury resulting in a traumatic condition on a spouse, former spouse, cohabitant, or co-parent. This offense can be charged as either a misdemeanor or a felony, depending on the severity of the injury and the defendant’s prior record. California Penal Code Section 243(e)(1) covers domestic battery, which does not require visible injury, and is typically charged as a misdemeanor.
Potential consequences for a domestic violence conviction include:
- Jail or state prison sentences
- Fines up to $6,000 or more
- Mandatory completion of a 52-week batterer’s intervention program
- Loss of the right to own or possess firearms
- Probation with strict conditions
- Mandatory stay-away orders from the victim
- Negative immigration consequences for non-citizens
What Happens After a DVRO Is Issued?
Once a DVRO is in place, the restrained person is legally required to comply with all its terms. Violations are taken seriously by California courts and law enforcement.
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Enforcement
You have the right to call law enforcement if the restrained person violates any term of the DVRO. Keep a copy of your DVRO with you at all times and provide copies to your children’s school, your workplace, and any other location the order covers.
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Violations
A DVRO violation under California Penal Code Section 273.6 is a criminal offense that can result in arrest, jail time, and fines. Repeated violations can result in felony charges.
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Modification and Renewal
If circumstances change, either party can request a modification of the DVRO. When a five-year order is about to expire, the protected person can request a renewal, which the court can grant for an additional period of up to five years or permanently if there is a showing of reasonable apprehension of future abuse.
Why Choose Sarieh Family Law for Your Domestic Violence Case?
Navigating a domestic violence case requires more than legal knowledge. It requires sensitivity, urgency, and a deep understanding of the complex intersection between safety, family relationships, and the law. At Sarieh Family Law, we bring all of these qualities to every case we handle.
Attorney Wail Sarieh is a Certified Specialist in family law with over 20 years of experience helping clients in Orange County navigate the most difficult moments of their lives. He and attorney Jennifer Axelrod work closely with clients to provide responsive, compassionate representation that addresses both the immediate need for safety and the longer-term legal issues that arise in families affected by domestic violence.
Our commitment to the Orange County community runs deep. We believe that accessible legal representation is fundamental to justice, and we strive to ensure that every client leaves our office feeling heard, supported, and empowered to take the next step toward safety and stability.
We serve clients throughout Orange County, including Costa Mesa.
Recent Case Results
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Our client in this case was the mother of the only child of marriage. Our child custody law firm took the case that started in 2009 with the mother filing a Petition for custody and support of a child against the father where the parties reached a stipulation and order awarding the mother sole legal and sole physical custody. Later on the mother filed a divorce case and since the father failed to respond, the mother entered his default in 2010. The divorce case was consolidated with the paternity case.
In early 2012, the mother and without notifying the father moved to another State. The father filed a police report and hired a very aggressive Orange County Family Law attorney who filed an emergency motion with the court (ex parte application) and obtained custody for the father and appointed a child custody investigator.
The mother was arrested on a DUI despite the fact that her car was parked and she was not driving; the police justified the DUI charge as they found an open container in the car.
The child custody investigation report, based on the mother’s DUI conviction and the fact that she moved away without notifying the father, came to the conclusion that the mother should only have supervised visitation with the child and that father should have sole legal and sole physical custody of the minor child.
The matter was further complicated by the mother agreeing to “bifurcate” the trial on the custody and visitation issues and the trial was set for the second half of 2013.
The mother decided to retain Sarieh Family Law to help her litigate the child custody during the bifurcated trial.
Mr. Sarieh, an Orange County Certified Family Law Specialist challenged the entire proceedings from 2010 to 2013. Mr. Sarieh argued that every document filed including but not limited to the child investigation report and every court order rendered after the entry of default in 2010 is null and void.
Our firm was very proud of the results and very proud of our judicial officers. The judge agreed with Mr. Sarieh that the court has no jurisdiction since the default was entered in 2010. The trial by default was set in month and our client obtained a dissolution judgment awarding her sole legal and sole physical custody of the minor child.
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Our client in this case was the father of two children; the parties were not married but cohabited together for over a decade. Throughout their cohabitation both parties worked hard to support their children; the parties lived in an upper-middle class life style during their cohabitation. Shortly after their separation, the mother claimed disability due to Reactive Airway Disease (RAD) she quit her job as mortgage broker, collected State Disability checks and filed Worker’s Compensation claim alleging her disability resulted from the poor air quality at her office.
Mr. Sarieh, an Orange County Certified Family Law Attorney, filed with the court a request to vocationally evaluate the mother. Unfortunately the vocational evaluation report concluded that the mother is employable but her employability depended on her health condition, which was beyond the vocational evaluator expertise.
In a trial that spanned over the period of months, Mr. Sarieh was able to successfully cross-examine Petitioner’s primary care physician who came to testify on her behalf. The physician admitted that his patient; the mother is able to work under certain conditions.
Mr. Sarieh subpoenaed all medical reports from the Worker’s Compensation case and was able to establish the mother’s ability to work. The Court agreed with Mr. Sarieh and stated that the mother has the obligation to support the children; the court imputed income to the mother and the child support was calculated according to the mother’s imputed income even though she was still not working at the time of trial.
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Our client in this case was the husband, who with the wife’s agreement entered into a stipulated judgment awarding the family residence to the wife; neither party was represented and they entered the judgment with the assistance of a paralegal in Orange County. The parties were married for long time and have adult children from their marriage.
The untold story was despite the written judgment; the parties had verbally agreed that once the house is sold the wife will give the husband his fair share of the proceeds.
Of course, wife sold the house and refused to pay husband any monies. The husband sought the assistance of Sarieh Family Law; Orange County Divorce attorneys.
We began our investigation by examining the judgment, which stated unequivocally that wife gets the house. We were also faced with the legal hurdle that it is almost impossible to set aside a judgment in California if the judgment only dealt with property division and without fraud, duress or undue influence.
We noticed on the Resister of Action on the Court’s website that the initial submission of judgment was rejected by the court and that the judgment was returned. The judgment was re-submitted again and the court accepted it. We asked our client whether he knew anything about the rejection of the judgment and he indicated that he knew nothing about this rejection.
We asked for a copy of the entire file from the court itself and we did not rely only on what our client gave us. We set the wife’s deposition at our office.
We received the ordered copy of the court’s file on the morning of the wife’s scheduled deposition at our office. After a careful examination of the court’s file with our client, we found out the signature on our client’s Declaration re: Service of Declaration of Disclosure was not his.
We confronted the wife during her deposition about the falsified document but she denied any involvement and blamed the paralegal. She acknowledged that the document was not signed by our client.
We subpoenaed the paralegal to the court’s hearing to prove the wife’s fraud and we retained a handwriting expert to prove that our client’s signature was falsified by the wife herself and no one else.
Right before we entered the court room to try our case, the wife’s attorney approached us with a settlement offer giving our client what he was promised. Our client accepted the offer for the sake of the parties’ adult children.