Legal Question in Family Law in California
Domestic Violence expungement form submission
Hello,
I wanted to know what is the case type for a domestic violence case:
Civil or Criminal or Dependency or Family.
I am asking as there are separate courts for these cases in Santa Clara county and I want to go to the correct court to submit the expungement form.
Thank you very much for your response.
3 Answers from Attorneys
Re: Domestic Violence expungement form submission
Family law.
Re: Domestic Violence expungement form submission
The domestic violence case could be filed in any one of these courts, depending upon the circumstances. DV restraining orders that involve husband and wife, parents of a child, or who have dated, are filed in family court. Cases involving work place, or between individuals that do not fall within the family court purview. If CPS is involved the case could be filed in juvenile court. When the police become involved then the case would be filed in criminal court. If you think that there is the possibility of criminal action you should consult with an attorney and then not discuss the case with anyone but the attorney.
Re: Domestic Violence expungement form submission
It depends on which court it was filed in. If the restraining order was issued in family court, then you would want to deal with this in family court.
However, it sounds like you might be in criminal court, and that's where you would want to submit the expungement form. You can probably look your case up online on the court's website.