Domestic Violence Attorney in Pasadena

56 Years of Family Law Experience. Protecting Pasadena Clients When It Matters Most.

Domestic violence touches nearly every part of a family’s legal situation. At Law Offices of Makupson & Howard, we handle domestic violence representation as part of a full family law practice, which means the restraining order, custody arrangements, and divorce proceedings are addressed together, not parceled out to different attorneys. Our Pasadena boutique firm brings 56 years of collective experience to some of the most difficult legal situations families face.

Under California law, domestic violence is broader than physical injury. It includes sexual abuse, emotional and psychological abuse, financial coercion, harassment, stalking, and threats of physical violence. The law reaches across a wide range of relationships: a spouse, former spouse, domestic partner, cohabitant, dating partner (current or former), co-parent, child, or elder. Depending on the offense and circumstances, charges may be filed as a misdemeanor or a felony. If you or someone you care about is in this situation, a domestic violence attorney familiar with California family law can help you understand your options and take the right next steps.

Contact us today to speak with a Pasadena domestic violence lawyer. Call (888) 328-2734.

California’s Three-Tier System of Protective Orders

California law provides three levels of protective order in domestic violence cases. Each serves a distinct purpose, and understanding how they connect helps you act quickly and effectively.

Emergency Protective Order (EPO)

Law enforcement can request an Emergency Protective Order 24 hours a day, 7 days a week, on behalf of a victim at the scene. It takes effect immediately and lasts up to 7 calendar days or 5 court business days, whichever comes first. The EPO exists to create a protected window of time so the victim can file for a Temporary Restraining Order.

Temporary Restraining Order (TRO)

A TRO is filed by the petitioner using Form DV-100 and reviewed by a judge on an ex parte basis, meaning the other party doesn’t need to be present. A judge typically reviews the filing the same day or the next court day. If granted, the TRO remains in effect until a noticed hearing, which the court generally schedules within 20 to 25 court days. There is no filing fee to request a domestic violence restraining order in California, and a prior police report isn’t required, though one can strengthen your case at the hearing.

Permanent Domestic Violence Restraining Order (DVRO)

At the noticed hearing, both parties may present evidence and testimony. If the court finds that domestic violence occurred by a preponderance of the evidence, it may issue a permanent DVRO lasting up to 5 years. Under AB 2308 (2024), a DVRO may be renewed for up to 15 additional years, with no statutory cap on the number of renewals. A DVRO can include stay-away orders, no-contact orders, move-out orders, firearm surrender requirements, and temporary child custody and visitation terms.

Domestic Violence & Child Custody in California

When domestic violence is part of a child custody dispute, the stakes rise considerably. California Family Code Section 3044 establishes a rebuttable presumption that awarding custody to a parent who has committed domestic violence within the previous five years is detrimental to the child’s best interest. The burden falls on that parent to overcome the presumption with evidence before custody can be awarded.

A TRO can include temporary custody and visitation orders, providing immediate protection for children while the full case is pending. When a DVRO is in place, the court may limit or restrict the restrained parent’s access to children, including ordering supervised visitation or, in serious cases, restricting visitation altogether. It’s also worth knowing that if a criminal protective order exists but the criminal case is later dismissed, that criminal order is canceled. A separate civil DVRO is needed to maintain protection and may cover custody terms a criminal order doesn’t address.

Attorney Carolyn A. Makupson is court-appointed to represent children in contested custody matters and is trained in mediation. Having that depth of custody knowledge in-house means our clients don’t need separate counsel for the protective order and the custody case.

Penalties for Domestic Violence Convictions in California

Domestic violence charges under California Penal Code Section 273.5 (corporal injury to a spouse or cohabitant) and Section 243(e)(1) (domestic battery) carry serious consequences. Penalties vary based on how charges are filed and the facts of the case, but they can include:

• Probation
• Court-ordered counseling
• Mandatory treatment if drugs or alcohol are involved
• Jail time or state prison
• Fines
• Registration as a sex offender in cases involving sexual abuse
• A permanent criminal record affecting future employment and housing
• Loss of child custody or visitation rights
• Firearm restrictions

California has a mandatory arrest policy when law enforcement suspects domestic violence. An officer must make an arrest even when the victim doesn’t want to press charges. Once a domestic violence report is filed, it is the district attorney, not the victim, who holds authority over whether charges are filed or dropped. This matters because your legal strategy needs to account for both the criminal side and any related civil proceedings, including restraining orders and custody, from the very beginning.

Can Domestic Violence Charges Be Dropped in California?

No. Only the district attorney has authority to drop domestic violence charges once a report is filed. A victim who wishes to recant or decline to cooperate doesn’t control whether the prosecution moves forward. Understanding this distinction early is critical, because any legal strategy must account for both the criminal proceedings and related civil matters such as restraining orders and custody.

Statute of Limitations for Domestic Violence in California

Under SB 690, signed into law on September 27, 2024, and effective January 1, 2025, the statute of limitations for domestic violence offenses under Penal Code Section 273.5 is now 7 years. This extended period applies to crimes committed on or after January 1, 2025, and to offenses for which the prior limitations period had not already expired. The legislature extended the timeframe to reflect the reality that survivors often delay reporting due to fear, trauma, or ongoing threats. Victims now have more time to come forward, and alleged offenders can face prosecution further from the date of the alleged incident.

Why Choose a Pasadena Domestic Violence Lawyer at Our Firm

Domestic violence cases rarely exist in isolation. They intersect with divorce, child custody, spousal support, and property division. When a single firm handles all of these connected matters, nothing falls through the gap between proceedings. Law Offices of Makupson & Howard offers exactly that continuity, with 56 years of collective experience across California family law and a boutique model that gives clients direct access to experienced attorneys rather than routing them through layers of staff.

Managing Partner Kristen M. Howard leads the firm with a focus on understanding each client’s unique situation. We offer both mediation and assertive courtroom representation, so the approach fits what your circumstances actually call for. The firm is BBB accredited, a member of the State Bar of California and the Los Angeles County Bar Association, and has been named Top Attorneys by Pasadena Magazine multiple years. We handle family law matters throughout the Los Angeles County Superior Court system, including the Pasadena branch.

Representation matters most when the other party has counsel, when children’s custody or visitation is at issue, when a move-out request is part of the order, or when the other party is likely to contest the restraining order at the hearing. These are the moments when having an experienced domestic violence attorney in your corner may affect the outcome.

How We Can Help

We assist clients from the earliest stages through resolution. We can help with preparation of a domestic violence report and guide you through filing a petition for an Order of Protection, which can prohibit the abuser from having further contact with you. We provide representation at protection order hearings and handle any custody or support matters that arise alongside the protective order proceeding. An attorney from Law Offices of Makupson & Howard can review your case and walk you through your legal options in full.

Read some of our blogs related to domestic violence in family law:

• Example of a Domestic Violence Case
• A Case Involving the CA Domestic Violence Protection Act

Contact a Pasadena domestic violence attorney from our firm at (888) 328-2734 for capable, caring legal counsel and representation.