San Mateo County Domestic Violence Lawyer

To obtain a restraining order in San Mateo County, you must file a petition (form DV-100) with the San Mateo County Superior Court describing the abuse and why you need protection. You can file at the courthouse at 400 County Center in Redwood City or at any San Mateo County courthouse location. A judge will review your request the same day or next business day and may issue a temporary restraining order. A hearing will be scheduled within 20-25 days where both parties can present evidence, and the judge will decide whether to issue a longer-term restraining order. There is no filing fee for domestic violence restraining orders. While you can file without an attorney, having experienced legal representation significantly increases your chances of success. Call WGS Law at (650) 660-1663 for help with your restraining order.

The more evidence you have, the stronger your case. Helpful evidence includes: photos of injuries or property damage, medical records documenting abuse-related injuries, police reports from previous incidents, text messages or emails containing threats or abusive language, voicemails with threatening content, witness statements from people who saw or heard the abuse, records of harassing phone calls, documentation of stalking behavior, and any previous restraining orders. However, even without physical evidence, your sworn testimony describing the abuse can be sufficient if the judge finds you credible. The key is to be specific about dates, times, locations, and exactly what happened. An experienced domestic violence attorney can help you gather and present evidence effectively.

Yes. When you file for a domestic violence restraining order in San Mateo County, you can also request temporary custody of your children and orders limiting the abuser’s contact with them. The court can grant emergency custody orders that take effect immediately, including sole legal and physical custody to you, supervised visitation for the abuser, or no contact with the children if there’s serious danger. These emergency orders remain in effect until a full hearing, where the judge will make longer-term custody decisions. California Family Code Section 3044 creates a presumption that an abusive parent should not have custody, making it easier for protective parents to obtain custody when domestic violence is present.

The duration depends on the type of order. An Emergency Protective Order (EPO) issued by police lasts 5-7 days. A Temporary Restraining Order (TRO) issued by the court lasts 20-25 days until the full hearing. A “permanent” restraining order issued after a full hearing typically lasts 3-5 years, though it can be issued for shorter or longer periods depending on the circumstances. Despite the name, permanent restraining orders are not actually permanent—they expire after the specified time period. However, they can be renewed before they expire if you still need protection. If the restrained person violates the order, it can be extended. In some cases involving serious violence, the court may issue a restraining order with no expiration date.

Penalties vary depending on the specific charges and circumstances. Domestic battery (PC 243(e)(1)) is typically a misdemeanor punishable by up to 1 year in county jail and a $2,000 fine. Corporal injury to a spouse (PC 273.5) can be charged as a misdemeanor or felony, with felony convictions carrying up to 4 years in state prison. All domestic violence convictions require completion of a 52-week batterer’s intervention program, probation lasting 3-5 years, and loss of gun rights (10 years for misdemeanors, lifetime for felonies). Additional consequences include professional license impacts, immigration consequences for non-citizens, difficulty finding employment or housing, and negative effects on child custody. The specific penalties depend on the severity of injuries, prior criminal history, use of weapons, and whether children were present.

In California, once domestic violence charges are filed, only the prosecutor—not the victim—can drop them. Even if the victim wants charges dropped, prosecutors often proceed with the case because domestic violence is considered a crime against the state, not just the individual. However, charges can be dropped or reduced if: there’s insufficient evidence to prove the case beyond a reasonable doubt, the victim is uncooperative and there’s no other evidence, evidence was obtained illegally, or the defendant completes a pre-trial diversion program (in some counties). An experienced domestic violence attorney can negotiate with prosecutors to seek dismissal or reduction of charges. If you’re facing domestic violence charges in San Mateo County, contact WGS Law at (650) 660-1663 to discuss your defense options.

Domestic violence significantly impacts child custody decisions in California. Under Family Code Section 3044, there is a rebuttable presumption that awarding custody to a parent who committed domestic violence within the past five years is detrimental to the child’s best interest. This means the abusive parent is presumed to be unfit for custody and must prove otherwise—a difficult burden to overcome. The court may award sole custody to the non-abusive parent and order supervised visitation for the abuser, or in extreme cases, no visitation at all. To overcome the presumption, the abusive parent must show they’ve completed a batterer’s treatment program, complied with all court orders, and that custody would be in the child’s best interest. Even if the abusive parent doesn’t get custody, they may still have visitation rights, though likely supervised initially.

Yes! Attorney Flora Garcia-Sepulveda is fully bilingual in English and Spanish. We provide all services in Spanish, including consultations, court representation, and document preparation. You can communicate in the language you’re most comfortable with, and we understand the cultural factors that affect domestic violence situations in Latino families. “Sí, hablamos español. La abogada Flora Garcia-Sepulveda ofrece todos los servicios legales en español. Llame al (650) 660-1663 para una consulta confidencial en español.”

WGS Law practices primarily in the San Mateo County Superior Court, where attorney Flora Garcia-Sepulveda has over 25 years of experience. Our deep knowledge of San Mateo County court procedures, judges, and local rules gives our clients a significant advantage. We handle cases throughout San Mateo County, including matters filed in Redwood City, South San Francisco, and San Mateo courthouse locations. While we focus on San Mateo County, we can also handle cases in neighboring counties when necessary. Our local expertise means we know what works in San Mateo County courts and can provide the most effective representation for your case.

We can file restraining order paperwork the same day you contact us if it’s an emergency. Once filed, a judge will review your request the same day or next business day and may issue a temporary restraining order immediately. If you’re in immediate danger, call 911 first to ensure your safety, then call WGS Law at (650) 660-1663. We prioritize emergency domestic violence cases and understand that timing is critical when safety is at stake. We can also help you obtain an Emergency Protective Order through law enforcement if you need protection right now, before the courthouse opens. Don’t wait—if you need protection, contact us immediately.

Not necessarily. If you’re concerned about your address being disclosed, you can enroll in California’s Safe at Home program, which provides a confidential substitute address for court filings and official mail. This free program is specifically designed for domestic violence victims and prevents your actual address from appearing on public court documents. You can also request that the court keep your address confidential in the restraining order paperwork. Additionally, the restraining order itself can include stay-away provisions that keep the abuser away from your home without disclosing the exact address. Attorney Flora Garcia-Sepulveda can help you take all necessary steps to protect your location and safety throughout the legal process.