Which counties do you serve?
We serve residents of Alameda County, California.
Will I get an attorney to represent me?
Although we do provide legal representation in some cases we can’t promise that you will have an attorney to represent you.
Housing
Can you help me with housing?
Although FVLC does not operate a shelter, we can provide some assistance with finding available space in local shelters. We also will work with you to look at longer-term options for housing.
I want to move to another place, but I’m in the middle of a lease. What can I do?
The answer depends on the facts of each particular case and the law varies depending on your circumstances. If you are a victim of domestic violence, sexual assault, or stalking who has a restraining order or who has made a police report, you may have the right to break your lease early without owing additional rent. However, it is important to speak with a lawyer before taking action, so please call us to discuss your options.
Does FVLC only help women?
No, we help any person who is a victim of Domestic Violence. We recognize that domestic violence can affect women, men, and young people and that abuse occurs in both heterosexual and same-sex relationships.
Is what I tell you confidential?
Everything that is discussed with our staff is confidential.
How much do FVLC’s services cost?
FVLC does not charge for our services, but we do accept donations.
I think someone I know is being abused. What should I do?
It can be very difficult to see a friend, family member, or coworker suffer from abuse. However, ultimately it is up to the person experiencing the abuse to decide to make a change in his or her life. As a friend, you can let them know you are concerned about their safety, listen to their concerns, and provide information about resources that are available. Encourage your friend to call FVLC’s crisis line or a hotline in your area for free confidential support.
Can you help me with a divorce?
Generally, we do not provide direct assistance with obtaining a divorce. However, we can provide information about where to go to get help filing a divorce and we can talk with survivors about what to do if they are not sure whether they should file a restraining order or a divorce. If you are going to file both a restraining order and a divorce, it is usually best to file the restraining order first.
Do you help victims of elder abuse?
We generally refer those cases to other legal service organizations such as Legal Assistance for Seniors, who are better positioned to meet the array of needs for seniors experiencing abuse.
What if the domestic violence incident occurred in another county, but I have fled to Alameda County?
It is not unusual for domestic violence survivors to flee their homes to protect their personal safety. In some cases a survivor of domestic violence may want to get a domestic violence restraining order in the county they go to.
There are some serious issues to consider, however. The abuser will likely discover where the survivor is because the restraining order paperwork indicates what county the court paperwork was filed in, and what county has jurisdiction over the case. Also, a survivor who is married to or has children with the abuser may not be able to file a divorce or other family law case in the new county.
Generally, in order for Alameda County Superior Court to hear your restraining order case, you must be a resident of the county, and/or the abuse needs to have occurred in this county.
The legal questions are more complex if you have fled from another state. If you have fled to Alameda County from another county or state it is important to consult with an attorney, the Alameda County Superior Court Self-Help Center, or a family law legal aid agency as soon as possible.
What if I already have an ongoing family law case?
This will not prevent you from filing for a restraining order. In fact, you can still file a request for a domestic violence restraining order under that case number. However, this may be an issue if the case is outside of Alameda County. You may need to file a restraining order request in the same county where your open family law case is being heard. In this situation, it would be wise to seek legal advice/information before filing.
What if the domestic violence incident I complain of is not recent?
Domestic violence restraining orders are appropriate when the person (victim) is in immediate danger and the court should grant orders to protect from further imminent harm. Generally, that means there has been recent violence (in the last 30 to 60 days). However, sometimes there are valid reasons why a survivor of violence doesn’t come forward right away and seek a restraining order, and the court can take this into consideration.
Children
Can my children be protected by a restraining order?
Yes, in most cases children-in-common can be protected by a civil restraining order, as well as children from a previous relationship and other household members.
What will happen to my children?
The judge can determine which parent the children should stay with. When there are children involved, the judge will require both parents to talk to a family court mediator. Because you are asking for a restraining order, you are not required to have an appointment at the same time as your abuser. The judge can also order the abuser not to take the children out of California, or the county you live, without your written agreement or another court order.
Can you help me with child support?
Yes, FVLC can help you get child support as part of the restraining order.
Can you help get my kids back from Child Protective Services?
No, FVLC does not assist with Child Protective Services cases. You should contact Alameda County Bar Association for information to obtain a lawyer to assist in getting your children returned to you.
I would like to leave the state but I am not sure if I can take my children out of state without a custody order. What should I do?
This is a very complicated area of law so it is crucial that you contact an attorney before moving out of state with your children.
Immigration Status
My abuser threatened to have me deported. Can he do that?
It is important to know that you will not be reported to the immigration authorities if you contact FVLC, apply for a civil restraining order or go to family court to apply for a divorce, custody, visitation or support. All of these legal remedies are available to you whether or not you are a citizen of the United States. The only time you might be reported to the immigration authorities is if you are arrested by the police.
In some cases, domestic violence victims are eligible for other forms of immigration relief, including U Visas and VAWA petitions. Although FVLC does not do immigration law, we work closely with other legal service providers who do and will connect you with appropriate support.
Unfortunately anyone can report you to the immigration authorities if you are undocumented, including your abuser. However, the reality is that the immigration authorities are highly unlikely to show up and take you to jail or deport you if the abuser contacts them to tell them you are here without proper documentation.