Dealing with disputes within your family can be a challenge. However, no matter how difficult a situation becomes, violence and abuse are never warranted. If domestic abuse happens to you or in your home, it is important to seek safety and take the proper legal steps to protect yourself and your family.
Contrary to what many people believe, domestic violence cases are often complicated. Despite the assault that is occurring, many victims do not know how to leave safely. Sometimes, they may feel as if they have no other options, and their best avenue is to remain in a toxic household. If you are experiencing domestic violence, it is important to know that you have viable, safe short- and long-term options.
With the help of a family law or domestic violence attorney, you can stop domestic violence crimes from continuing in your household and create a safe and secure future for yourself and your loved ones.
When it comes to California domestic violence cases, our team has extensive experience protecting victims from harm. We have helped countless individuals leave abusive situations and seek official means to remain safe. We are here through the entire process and can help you with everything from obtaining a restraining order to using domestic violence laws to prosecute your abuser to the full extent of the law.
Our attorneys offer you a safe way to end the abuse. Though the situation is not your fault, we can help you ensure that the behavior stops and you can feel safe again. We have seen domestic violence cases of all types and severity, and we feel confident that we are the right firm to help you with yours.
Many people believe that domestic violence involves hitting, kicking, punching, and other types of physical harm. Though this can certainly be the case, domestic violence cases vary widely from person to person. In addition, there are many forms of mistreatment that can occur, and physical violence is not the only scenario that indicates domestic abuse. Regardless of your scenario, it is important to understand what domestic violence is so that you can take steps to stop it if you see it or experience it for yourself.
Domestic violence is abuse that occurs between members of a household. Though domestic violence often happens between partners and spouses, it can occur between parent and child, siblings, roommates, and people of other intimate relationships.
There are several types of domestic violence to be aware of, including:
If you experience any of these actions from a member of your household, you likely have a domestic violence case. With the help of an attorney, you can make the behavior stop and give yourself the resources to leave the situation.
Domestic violence cases are serious. Though your situation may seem straightforward to you, the court is obligated to see both sides of the situation before condemning either party or taking steps to protect the alleged victim. If you do not have an attorney, your abuser’s attorney will sway the situation to make the abuser seem innocent. If you have no official way to refute their claims, they will win, and you will not have any of the protections that you need.
If you have an attorney to fight your case, you can make significant gains for your future safety. We can help you obtain a domestic violence restraining order, which can help you to feel safe and keep your abuser from bothering you. We can also help you get divorced if you are married to your abuser, which is a significant step that intimidates many victims from attempting to leave. With the help of an attorney, you can reclaim freedom and security for yourself and the rest of your household.
One of the first steps toward protection is obtaining a restraining order. Restraining orders prohibit your abuser from coming near you or making contact with you in any way. This helps keep you safe and allows you to relax as you rebuild your life.
Restraining orders mean that your abuser must stay a predetermined distance away from:
These orders can give you significant protection against your abuser and can offer relief in your time of need.
If a single abuse event causes you to call the police, you can get an emergency restraining order. These protective orders are temporary and still must be approved by a judge. However, they allow you a fast mode of protection to ensure your safety. Once you have a temporary restraining order, your attorney can help you file for a more permanent restraining order.
Permanent restraining orders are rarely actually permanent. However, they can protect you from your abuser for years while you rebuild your life. If, at the end of the restraining order’s terms, you feel as though you need further protection, you can file for an extension with the help of your domestic violence lawyer.
When many people think about domestic violence, they assume that the abuser is male and the victim is female. However, this is not always the case. Men can be abused in their homes just as easily as women. A person of any gender can be an abuser, and a person of any gender can be a victim.
This is important to note because many people fail to report their domestic violence cases because they believe that their gender precludes them from obtaining protection. The court does not discriminate by gender and will provide protections for you if you have been abused, regardless of your gender, gender expression, or sexuality.
A: Yes. The prosecution may drop a domestic violence case if there is insufficient evidence to convict. It is important to note that once the state becomes aware that domestic violence may have occurred, it is in control of whether the case is dropped or not. This is unlike other civil cases where the prosecuting individual may drop the charges if they so choose. In domestic violence cases, the state has control over whether or not to drop charges.
A: Domestic violence cases will either move through the criminal court system or the family court system, depending on the circumstances of the abuse. Most of these cases carry misdemeanor charges and restraining orders if the alleged abuser is convicted. However, if there are aggravating factors, such as the use of a deadly weapon, the case may carry felony charges. All domestic violence cases are different, but a qualified domestic violence attorney can help you to determine how your case will go.
A: Unfortunately, there is not a lot you can do to speed up any court cases. The best thing you can do to move your domestic violence case through court is to be ready. Fill out all necessary paperwork on time and be sure to file it correctly. Accumulate evidence and information as quickly as possible, and be prepared to appear in court. The best way to achieve all of these things is by having an attorney on your side.
A: You should be prepared to appear in court for your domestic violence case rather than sending a power of attorney. It is important for your case that you are present and can tell your story to the court if necessary. If you feel unsafe appearing in court or interacting with your abuser, speak with your attorney. Though they may not be able to excuse you from court appearances, you may be able to take steps to make yourself more comfortable.
A: The court takes restraining orders very seriously. When one is issued, the issuing officer or individual provides the restricted individual with the terms of the protective order. If an abuser fails to follow these terms, they are committing a crime. Therefore, jail or prison time is expected when an individual violates their restraining order.
If you need help with a Temecula domestic violence case, we are here to help. We have extensive experience in this area and can provide you with compassionate, judgment-free legal support throughout the legal process. No matter your situation, the attorneys at the Edgar & Dow are here for you.
For more information on how we can help, contact the Edgar & Dow online today.
We know every case is unique and always provide personalized counsel.
We don’t drag our cases out, which saves you time, stress, and money.
We deliver the straightforward, honest counsel you really need.
Our priority is to help you get the results your family deserves.