Domestic Violence Attorney in San Jose

Legal Support When Home No Longer Feels Safe

Domestic violence can change every part of your life in a moment. You may be worried about your safety, your children, and what will happen if you involve the court. In these moments, having a domestic violence attorney who understands both the law and family dynamics can help you make careful decisions instead of rushed ones.

At Moreno Family Law Firm, we work with people whose family law cases involve allegations of abuse, control, or threats. Some clients are seeking protection, and others have been accused and fear losing contact with their children. Wherever you are in this situation, we focus on clear information and steady guidance, not judgment.

Our firm has represented families in Santa Clara County for more than 40 years. That experience, combined with our exclusive focus on family law, allows us to help clients understand how domestic violence issues may affect custody, support, and their long term future.

Concerned about your safety or family situation? Schedule a consultation online or call (408) 676-1814 to speak with a domestic violence attorney.

Why Work With Our Family Law Firm In San Jose

When you are facing domestic violence in the context of divorce, custody, or support, you need more than general advice. You need a team that understands how these cases are actually handled in the Superior Court of California, County of Santa Clara. Our practice has been devoted to family law in this area for decades, and that history shapes how we prepare every case.

Led by founding attorney Marilyn E. Moreno, our firm has spent over 40 years representing parents and spouses in Santa Clara County family courts. We know how local judges typically approach issues like restraining orders, parenting plans, and financial support when domestic violence is part of the picture. This familiarity helps us explain what you might expect and where the court has room to decide things differently based on your facts.

Because we focus solely on family law, we can pay close attention to legal changes in California that affect people facing abuse or allegations of abuse. We use that knowledge to tailor our approach to your circumstances instead of applying a one-size-fits-all plan. Our goal is to protect your safety, your relationship with your children, and your financial stability as you move through the legal process.

We also understand that cost is a serious concern, especially when a relationship has involved financial control or uncertainty. Our commitment to affordable services means we work to provide the legal support you need without unnecessary financial strain. When you contact us, we can explain how fees are structured so you know what to expect.

Domestic Violence & Your Family Law Case

Domestic violence allegations can affect nearly every part of a family law case. In California, courts are required to consider the safety and well-being of children and parents when making decisions about custody, visitation, and other orders. In Santa Clara County, that evaluation typically takes place in the family division of the Superior Court, which hears requests for both restraining orders and ongoing parenting plans.

When custody is at issue, the court generally looks at whether there has been a pattern of abuse, how recent any incidents were, and what the current risks are to the child and the other parent. Orders may include limits on contact, supervision requirements, or detailed exchange arrangements. Our role is to help you present a full picture of your situation and your children’s needs, within the rules that apply in this area.

Domestic violence can also play a role in decisions about support and property. For example, a history of abuse may affect how the court views one spouse’s ability to work or maintain independence. While every case is different, we can explain how domestic violence issues sometimes influence spousal support or settlement discussions, and we can work with you to build a plan that reflects both safety and financial realities.

Protective or restraining orders often overlap with other family law orders. A restraining order can affect where someone lives, how children are exchanged, and how communication must occur. We help clients understand how these orders are requested, how long they might last, and how they interact with custody and support matters in the Superior Court of California, County of Santa Clara. We aim to connect each legal option to the day-to-day impact it may have on your life.

Steps To Take If You Are Facing Abuse

If you are living with abuse or threats, it can be hard to know what to do next. You may feel pressure to leave quickly, to stay quiet, or to make promises you do not feel safe making. Taking a few careful legal steps can help protect your safety and your position in any current or future family court case.

Your immediate safety is always the first concern. In situations of urgent danger, people often contact law enforcement or emergency services. Once the immediate crisis has passed, it can be helpful to think about what information may matter in court. Keeping records, when it is safe to do so, can support requests for protective orders or inform custody decisions later.

Before making major decisions about moving out, changing your child’s routine, or signing any agreements, it can be helpful to speak with a domestic violence attorney who understands family law issues. A brief conversation can help you understand how different choices may affect your legal options. We talk with clients about timing, court expectations, and how to frame requests that prioritize safety.

If you are considering your next steps, some legal actions to discuss with an attorney may include:

• Asking about the process for requesting a domestic violence restraining order in the Superior Court of California, County of Santa Clara.
• Reviewing how to document incidents and communication in a way that may be useful in court.
• Discussing short-term parenting arrangements that protect children while longer-term orders are being considered.
• Planning how and when to file for divorce or legal separation if that is part of your long-term plan.

We recognize that privacy is a concern. Many clients reach out from shared homes or devices. When you contact our office, you can tell us about any safety or privacy limits, and we will work with you to schedule conversations and share information in ways that fit your situation.

How We Approach Domestic Violence Cases

Every family law matter that involves domestic violence has its own history, risks, and goals. When you contact us, our priority is to listen. During an initial consultation, we focus on understanding what has been happening, whether there are any upcoming court dates or deadlines, and what you hope to protect, especially regarding your children and your ability to support yourself.

Because our firm practices in Santa Clara County family courts on a regular basis, we are familiar with how domestic violence issues are typically handled on the local calendars. We know the filing requirements for domestic violence restraining order requests, how hearings are usually scheduled, and what kind of information the court often finds helpful. We use that working knowledge to help you prepare in a way that respects both the rules and your comfort level.

Communication is a central part of our approach. We explain each step of the process in clear terms, whether you are seeking a protective order, responding to one, or dealing with custody and support in a case where abuse is alleged. We discuss what to expect at key hearings, such as a domestic violence restraining order hearing in San Jose, and how you can participate in a way that feels as manageable as possible.

Our team shapes legal strategy around your specific facts. For some clients, the primary concern is immediate safety and distance from an abusive partner. For others, the focus is on preserving meaningful, safe contact with children in the face of allegations. We consider both immediate needs and long-term consequences when discussing settlement options, court requests, and possible outcomes, always with the aim of protecting your family, your finances, and your future.

Frequently Asked Questions

How will domestic violence affect child custody?

Domestic violence can strongly influence custody decisions. Courts in Santa Clara County look at safety, past incidents, and current risk when creating parenting plans. The judge typically considers what arrangement best protects the child. We help you present information clearly so the court can understand your child’s needs.

Can you help me get a restraining order?

We can advise you about the legal process for requesting a domestic violence restraining order in Santa Clara County family court. Our team explains forms, timelines, and what hearings may involve. We also discuss how such orders could affect housing, communication, and parenting, so you can make informed choices.

What if I have been accused of domestic violence?

If you have been accused, it is important to understand how the allegation may affect custody, support, and your daily life. We review the claims with you, explain the court process, and work to protect your rights while still addressing any safety concerns the court may have.

How much does it cost to hire your firm?

Costs depend on the complexity of your case, the number of hearings, and the issues involved. We are committed to affordable services and discuss fees and expected work at the outset. Our goal is to give you a clear picture of costs before you decide how to proceed.

Will what I tell your office remain confidential?

Conversations with our legal team are typically confidential under attorney-client rules. We understand that domestic violence matters are highly sensitive. You can talk with us about what is happening, and we will explain how your information is handled and where the court may require certain disclosures.

Talk With Our Team About Your Situation

Domestic violence can affect your safety, your children, and your financial future, and it often does so very quickly. Speaking with a domestic violence lawyer in San Jose who routinely appears in Santa Clara County courts can help you understand your options and calm some of the uncertainty you may feel.

At Moreno Family Law Firm, we bring over 40 years of family law experience in this area, a focused practice that centers on issues like custody and support, and a personalized approach to every domestic violence-related matter. We work to provide clear explanations, thoughtful strategies, and accessible legal services for people in and around the city.

Get clear, local guidance—schedule a consultation online or call (408) 676-1814 to speak with a San Jose domestic violence lawyer.