Being abused by your partner is a challenging and traumatizing experience that no one should have to go through. However, sometimes the people who are supposed to love and protect us challenge who we originally thought they were. If you have recently faced abuse from a partner or have someone you care for currently suffering an abusive relationship, know that you are not alone. The assistance of a domestic violence attorney has the resources and knowledge to help get you and your loved ones to safety.
At The Edgar & Dow our domestic violence lawyers have years of experience fighting for the rights of abuse victims in Palm Desert, CA and throughout Riverside County. We understand how difficult it is to come forward about the abuse and will work to ensure your case is handled with the compassion and care you deserve. From the initial consultation to the final court hearing, our team will be by your side every step of the way.
In Palm Desert, California, under family law, domestic violence is considered abuse between intimate partners or family members. This includes physical abuse, sexual abuse, emotional abuse, and financial abuse. These are often referred to as “acts of domestic violence” and can be committed by a current or former spouse, cohabitant, boyfriend/girlfriend, or family member.
There are many reasons why a victim of domestic violence may stay in an abusive relationship. Some abusers will threaten their victims, telling them that they will hurt them or their loved ones if they try to leave. Others may try to control every aspect of their victim’s life, making it difficult for them to leave. Some victims may also believe that their abuser will change or that the abuse is their fault. It is important to remember that no one deserves to be abused, no matter the reason.
If you are wondering whether or not you are a victim of domestic violence, there are certain signs to look for. These can include, but are not limited to:
If you are experiencing any of these signs, it is important to reach out for help.
If you are a victim of domestic violence, the first and most important thing to do is to get to a safe place. This may mean leaving your home or getting away from your abuser. Once you are in a safe place, you should reach out to a domestic violence lawyer who can help you with your next steps.
Your lawyer will be able to help you get a restraining order, also known as a domestic violence injunction, which can protect you from your abuser. A restraining order is a court order that requires your abuser to stay away from you, your home, your work, your children’s school, and any other places that you frequent. A restraining order can also require your abuser to turn over any firearms that they have in their possession.
In addition to getting restraining orders, your lawyer can also help you file for divorce or legal separation, get child custody and support, and get a spousal or domestic violence restraining order. If any of these items are granted by the court, it will be easier for you to protect yourself and your family from the abuser. This should be done as soon as possible to ensure your safety.
When you know it’s time to get a restraining order, your first step is to contact the police. The police will then investigate the situation to see if there is enough evidence to arrest your abuser. If there is, your abuser will be taken into custody and will have to go before a judge to determine if the restraining order should be granted.
If the judge decides that there is enough evidence to grant a restraining order, a temporary restraining order (TRO) will be put in place. This restraining order will last for a set period of time, usually about two weeks. During this time, you and your abuser will have a hearing, during which both of you will be able to present your side of the story. After the hearing, the judge will decide whether or not to make the restraining order permanent.
If you are a victim of domestic violence, the best thing you can do is to reach out to a domestic violence lawyer for help. They comprehensively understand the laws surrounding domestic violence and will be able to:
Develop a legal strategy: A domestic violence attorney will be able to help you develop a legal strategy that is tailored to what your ideal outcome would be. For immediate protection, this will likely involve getting a restraining order. If you are looking to be divorced or legally separated from your abuser, they can guide each step of this process as well.
File the necessary paperwork: Anytime you go to court, there is a lot of paperwork that needs to be filed. A domestic violence lawyer will handle all of this paperwork for you so that you don’t have to worry about missing any critical deadlines that would put your case in jeopardy.
Represent you in court: If you have to go to court, your domestic violence lawyer will be by your side to represent you. This is especially important if your abuser has a lawyer as well. Your lawyer will be able to present your side of the story and fight for the best possible outcome for you.
Help you get the protection you need: A domestic violence lawyer will be able to help you get the protection you need from your abuser. This includes getting a restraining order, filing for divorce or legal separation, and getting child custody and support.
A: Domestic violence cases in California are handled in two different ways: criminal domestic violence cases and civil domestic violence cases. The police and district attorney handle criminal domestic abuse cases, which can result in your abuser being arrested, formally charged, and convicted of a crime. Civil domestic violence cases are handled by the courts and can result in a restraining order being put in place to protect you from your abuser prior to trial.
A: Yes, a domestic violence case can be dismissed in California under certain circumstances. For example, the case may be dismissed if the victim decides not to cooperate with the prosecution or if there is insufficient evidence to prove that domestic violence occurred. In other cases, the judge may dismiss the case if they believe that the defendant is not a direct danger to the victim or the community.
A: Yes, a victim can drop charges in California if they choose to do so. However, the district attorney can still choose to pursue the case even if the victim decides not to cooperate. In some cases, the district attorney may choose to drop the charges if they believe that there is insufficient evidence to prove that domestic violence occurred, but this is not always the case.
A: Domestic violence can be charged as a felony in California if the abuser has been convicted of a prior domestic violence offense, if the abuse resulted in serious bodily injury, or if the abuser used a weapon during the commission of the crime. All of these outcomes are viewed as aggravating factors that are met with stricter penalties due to the increased severity of the offense.
A: A restraining order in California can last up to five years, but it is important to note that the court can choose to extend the restraining order if they believe that the victim is still in danger. In some cases, the court may also choose to make the restraining order permanent if they believe that the abuser poses a serious threat to the victim. Influence from a domestic violence lawyer can help ensure that the restraining order is granted as long as possible.
If you or someone you know is a victim of domestic violence, it’s important to seek legal help as soon as possible. The Edgar & Dow is a domestic violence law firm that has been helping victims in the Palm Desert area for years. We offer an initial consultation to discuss your case, and we will work tirelessly to get you the protection and compensation you deserve. Contact us today to learn more about the best practices for proceeding with your Palm Beach domestic violence case.
We know every case is unique and always provide personalized counsel.
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We deliver the straightforward, honest counsel you really need.
Our priority is to help you get the results your family deserves.