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Caught in Domestic Violence Drama in San Francisco: Protecting My Child and Understanding My Legal Rights

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Location: San Francisco  |  Law type: domestic violence attorneys
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I need guidance on handling a domestic violence issue involving the police, particularly concerning child protection.

I recently faced a situation in San Francisco where my spouse got violent, and the police were involved. My main concern is ensuring my child's safety, who witnessed the entire incident. Domestic violence is a broad term, but what legal protections do I have when it involves a child? What type of lawyer should I be seeking, preferably one experienced in domestic situations and child custody? Any referrals or ballpark figures on how much it might cost me would be appreciated. How do I ensure the quality of the attorney? I tryed compare lawyers in my area but need more help...

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Legal Solution

The response provided below is specific to domestic violence attorneys in the jurisdiction of San Francisco. If the response is inadequate, please submit a detailed inquiry.

Analyzing Your Situation in San Francisco

The ordeal you're facing is undoubtedly distressing, especially with the involvement of your child. Given the seriousness of domestic violence accusations and consequences, particularly in California, it's vital to get knowledgeable legal counsel, preferably someone with experience in family law and child protection cases.

Relevant Legal Provisions

  • California Family Code § 6203 - This defines domestic violence and lists various acts considered violent.
  • California Family Code § 3020 - This prioritizes the health, safety, and welfare of children in any custody decision.
  • California Welfare and Institutions Code § 300 - This outlines situations when a child may be considered 'at risk' and possibly be removed from a home.
  • For more details, visit the official California Legislative Information website.

Potential Resolutions

Your primary aim should be ensuring your child's safety. With an experienced family lawyer, you can potentially:

  • Obtain a restraining order against your spouse.
  • Start custody proceedings to ensure your child's safety.
  • Seek therapeutic resources for your child to cope with any trauma.

For your situation, consider using resources like find the right lawyer to locate an attorney tailored to your needs.

Estimating Attorney Fees in San Francisco

Legal Costs in San Francisco:

Legal Service Average Price
Initial Consultation (1 hour) $350 - $500
Retainer Fee (family lawyers) $3,500 - $5,000
Hourly Rates (senior lawyers) $450 - $750
Hourly Rates (associate or junior lawyers) $250 - $400

San Francisco has one of the higher hourly rates due to its expensive nature. However, some lawyers might offer sliding scale fees based on your income.

Further Details and Next Steps

To better aid you, could you provide more details about the incident? For instance, were any charges pressed, or was there any injury?

For a thorough understanding and personal assistance, consider meeting a legal professional. It's crucial for your child's future and your peace of mind.

Questions for You

  • Have you or your child received any medical or psychological care following the incident?
  • Was this the first occurrence or have there been prior incidents of violence?
  • Are there any witnesses, apart from your child, who can testify about the incident?

Q1: How does California define domestic violence?

Domestic violence in California is defined as abuse or threats of abuse against an intimate partner. It doesn't have to be physical; it can also be verbal, emotional, or psychological.

Q2: What factors does a court consider when deciding child custody?

The court considers factors like the health, safety, and welfare of the child, any history of abuse by one parent against any child, and the nature and amount of contact with both parents.

Q3: How long does a typical child custody battle take?

While it varies, a custody battle can take anywhere from a few months to over a year, especially if it goes to trial.

Q4: Can I move out of state with my child during or after the custody proceedings?

Unless there's a court order stating otherwise or you get consent from the other parent, moving out of state with the child can lead to legal complications.

Q5: How do I ensure that my child is protected during the legal proceedings?

You can request temporary orders for child custody and restraining orders to ensure your child's safety during the proceedings.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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