What is domestic violence?
Domestic violence is any physical or sexual abuse directed at a member of the household or someone with whom the abuser has an intimate interaction, such as in a romantic relationship, cohabitation or relationship. wedding.
California prosecutors take domestic violence seriously. Domestic violence allegations can have devastating consequences, including criminal charges, placement on the Central Child Abuse Index, restrictive guidelines, and a negative effect on your approach to family law.
Living with domestic violence is not an alternative. Violence against a spouse, intimate partner, child, or any member of the family nucleus is illegal and considered a serious crime in the State of California. If you or someone you love are or have been a victim of domestic violence and are going through a family law approach, you should contact an experienced family law attorney quickly.
How do you know you are a victim of domestic violence?
Domestic violence includes, but is not limited to:
Contact an experienced Orange County domestic violence attorney for help with your family law case. Call (888) 749-7428
The first thing you need to do is protect yourself from your abuser, get out of the affair, and stop the violence or abuse.
Physical threats or intimidation
Harassment (physical or verbal)
Isolate or maintain victim control
Here are some facts about domestic violence from Riley Center, a shelter for victims of abuse.
Every 9 seconds a lady is hit in the United States
Domestic violence is the leading cause of injury for women, more than assaults and car accidents combined.
Domestic violence is the cause of 30% of physical disabilities among women.
50% of every female murderer in the United States is killed by a spouse or acquaintance 90% of battered women said their children were present when they were beaten Domestic violence costs an estimated $1.4 billion a year in medical bills and another $900 million in psychological health care. If you have been abused by your spouse, you can demand your home, your finances and even the protection of your children.
However, the first thing you need to do is protect yourself from your abuser, remove yourself from the affair, and stop the violence or abuse. There are many ways to do this through the court system, including filing a domestic violence restraining order to protect yourself, your family, and the people who live with you.
Victims of domestic violence Victims of domestic violence don’t have to go through this alone. Contact a Riverside domestic violence attorney at (888) 749-7428 Even if the victim does not have one of the above relationships with the defendant, the victim can still apply for a civil harassment restraining order.
Under California family law, you are considered a victim of domestic violence if you have any of the following interactions with the accused: A spouse or former spouse; A partner or former partner; People who left; A person with whom the defendant has a child; A son of the accused; That is Any close relative of the defendant.
If you have any of the above interactions with the defendant, you can apply for a domestic violence restraining order. However, even if the victim does not have one of the above relationships with the defendant, the victim can apply for a civil harassment restraining order.
What Do I Do If I am a Victim of Domestic Violence?
If you live with the abuser and you are in danger of further abuse, the first thing you should do is leave the residence with your children (if possible) and find a place to stay. If you are in immediate danger, call the police or call for help from passersby or neighbors. Once you are safe, document any injuries or property damage by taking pictures.
Next, request a domestic violence restraining order (DVRO) from the family law court. There is no filing fee to request a DVRO, and you do not have to be married or in a domestic partnership to request one. A DVRO can last up to five years.
A DVRO may include any of the following terms:
- Prohibit the respondent (alleged abuser) from assaulting, stalking, or making threatening phone calls to the petitioner (person who requested the DVRO)
- Prohibit the respondent from purchasing or possessing a firearm
- Order the respondent from the residence, even if the respondent owns or leases the residence in his or her own name
- Order the respondent to pay the petitioner back for lost wages, medical bills, etc. that are a direct result of abuse
- If the petitioner and respondent are married, the court may order the respondent to pay child or spousal support
- If the petitioner and respondent have children, the court may grant temporary custody or visitation rights
Accused of Domestic Violence
California law sees domestic violence in black and white. Although it is a serious issue, there are often many gray areas involved. In many cases, domestic violence is caused by both parties, not just one person. Unfortunately, California prosecutors do not take this into consideration and will prosecute alleged “abusers” aggressively. If you have been convicted of domestic violence, you face serious consequences; both in criminal and family court. Thus, you will need a skilled family law attorney to represent you.
Domestic violence charges can be devastating to your personal life, your family, and your career. The following are some of the potential legal consequences you may face for domestic violence charges:
- You may face jail or prison time
- You could be prohibited from owning or buying a firearm
- If you have been accused of sexual abuse, you could be required to register as a sex offender if convicted
- In a family law proceeding, you could be denied custody of your child and your visitation rights can be severely limited
- You could be prohibited from contacting the alleged victim, which may be your spouse, your children, your grandchildren, etc.
- If convicted, potential employers conducting a background check will be able to see your criminal record, even if the court did not impose a prison or jail sentence.
- If accused of abusing a child, your child can be determined to be a dependent of the court, which means that the child will be removed from your custody. This may also require you and the child to submit to counseling and social worker visitation, and the court will closely monitor your therapeutic progress and interactions with the dependent child. All this will come at your expense.
- You may be required to leave your residence and allow the alleged victim to live there, even if the alleged victim is not the owner or tenant of the residence. You may also be required to continue paying mortgage or rent payments on the residence.
Because of the many serious legal restrictions that can result from a domestic violence conviction, it is imperative that you contact a family law attorney as soon as possible. A family law attorney with experience in domestic violence cases can closely review the facts in your case and communicate to the family law court that the restrictions placed against you are unfair and unreasonable.
Domestic Violence FAQs
1. I was arrested for domestic violence, but the charges were eventually dropped. Will employers be able to see this?
No. California law prohibits arrests that do not lead to conviction, BUT if you have been arrested and final judgment is pending, employers CAN see this information.
2. I have been convicted of domestic violence. Do I have any chance of getting custody of my child?
It is possible. In determining child custody, the court’s primary consideration is the best interest of the child. If you can show that you have successfully completed batterer’s treatment, drug or alcohol counseling, probation or parole, and that you are financially and emotionally secure, you have a greater chance of convincing the court that you are fit to share custody of the child.
3. What happens if the court has granted my request for a domestic violence restraining order, but the respondent (the accused) keeps violating the order?
You must contact law enforcement immediately each time the respondent violates the order. A domestic violence restraining order is a court order under California law, and intentional violation of a restraining order is a crime. Be sure to keep a copy of the domestic violence restraining order with you at all times.
4. If a person files a domestic violence restraining order against me, but then the person and I reconcile and live together, is the restraining order automatically cancelled?
No. Even if you and the person reconcile, living together still violates the restraining order, even if you come into contact with the person’s consent. The person must file a request for dismissal of the domestic violence restraining order, and the court must grant it, before you are legally allowed to live with the person.
5. I accused my spouse of domestic violence, and the prosecution initiated a criminal investigation and filed charges. Now my spouse and I have reconciled and I want to dismiss the charges and end the criminal investigation. Is this possible?
No, once the prosecutor has initiated a criminal investigation and filed charges, only the prosecutor can dismiss the charges, even if you do not want to continue or will not cooperate with the criminal investigation.
Call the Domestic Violence Lawyers at Wallin & Klarich
It is important to seek the assistance of a California family law attorney if you have been charged with an act of domestic violence in California. Just because you were arrested on suspicion of domestic violence, does not mean you are guilty. Likewise, if you’ve been convicted of domestic violence in criminal court, you should not have to suffer additional consequences in family law court. Call our domestic violence lawyers at Wallin & Klarich for sound advice, peace of mind, legal guidance and a free, confidential consultation.
At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times. If you are involved in a family law matter in California, and would like to speak with an experienced domestic violence lawyer, you should call Wallin & Klarich today for a free evaluation of your case.
With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you work or live.
Call (888) 749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.
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Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior perpetrated by one family member or an intimate partner against another. It is an epidemic affecting individuals in every .
People also ask
Do I need a criminal defense lawyer for domestic violence charges?
If you are facing domestic violence charges (or similar criminal charges), you need to get a criminal defense lawyer who understands domestic violence laws in your state on your side immediately. In addition to potential jail time, the possible outcomes for not addressing these allegations quickly could affect the rest of your life.
Where can I find a domestic violence Attorney?
Need A Domestic Violence Attorney? FindLaw’s Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.
What can I do if I’m a victim of domestic violence?
Domestic violence can also include emotional abuse as well as physical abuse. Attorneys who assist domestic abuse victims can help you seek a restraining order (sometimes called a protection order, protective order, or order for protection) to keep your abuser away from you.