Best Domestic Violence Lawyers in California

About Domestic Violence Law in California, United States

Domestic violence in California refers to abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship or closely related by blood or marriage. California law considers domestic violence to include physical harm, sexual assault, threats, stalking, harassment, destruction of personal property, and emotional abuse. The law is designed to protect individuals from abuse and to provide immediate and effective legal remedies, such as restraining orders and criminal prosecution. The goal is to ensure the safety of potential victims and prevent further abuse.

Why You May Need a Lawyer

There are various situations in which someone might require a lawyer's assistance in a domestic violence matter. Common circumstances include:

• You have experienced abuse and need protection through a restraining order or other legal means.
• You have been accused of domestic violence and need to defend your rights in court.
• You are facing related family law matters such as divorce, custody, or visitation, which may be complicated by allegations or findings of domestic violence.
• Your immigration status is affected by domestic violence charges or you need protection under immigration laws for victims.
• You are seeking to understand or navigate the criminal justice process if charges have been filed.
• You need help enforcing or modifying an existing restraining order.
• You have questions about your legal rights, your obligations, or your safety related to domestic violence incidents.

A lawyer can provide crucial guidance, advocate for your interests, and help ensure the legal process is followed correctly.

Local Laws Overview

California has strict domestic violence laws that provide protection for victims and serious consequences for perpetrators. Key aspects of local law include:

• Definition of Domestic Violence: California Penal Code Section 13700 defines domestic violence as abuse committed against a spouse, former spouse, cohabitant, former cohabitant, or someone with whom the suspect has had a child or an intimate relationship.
• Types of Abuse: Includes physical violence, sexual assault, making someone reasonably afraid for their safety, stalking, and more.
• Protective Orders: Victims can request restraining orders that may prohibit contact, remove the abuser from a shared home, and address custody or visitation arrangements. Emergency, temporary, and permanent restraining orders are available.
• Mandatory Arrest: Law enforcement officers in California are generally required to make an arrest if there is probable cause to believe that domestic violence has occurred.
• Criminal Penalties: Penalties for domestic violence can range from misdemeanors to felonies, depending on factors such as previous offenses and severity of injuries. Convictions may result in jail time, probation, fines, and mandatory counseling.
• Protection for Immigrants: There are special legal protections for immigrant victims of domestic violence, including the Violence Against Women Act (VAWA) and U Visas.
• Child Custody: Findings of domestic violence can heavily influence child custody and visitation rights.

California courts take these matters seriously and provide various legal mechanisms to protect victims and ensure accountability.

Frequently Asked Questions

What counts as domestic violence in California?

Domestic violence includes physical abuse, sexual assault, threats of harm, harassment, stalking, destruction of property, and other forms of controlling or abusive behavior in close relationships.

Who can get a restraining order?

Anyone who has been abused by a spouse, former spouse, partner, close family member, someone you live with or have a child with, or someone you are dating or have dated can request a domestic violence restraining order.

How do I get a restraining order in California?

You can request a restraining order by filing paperwork at your local courthouse. The process may involve an initial emergency order, a temporary restraining order, and a court hearing for a permanent order.

What happens if someone violates a restraining order?

Violating a restraining order is a crime in California. The violator may be arrested and face criminal prosecution, fines, or jail time.

Can domestic violence affect child custody?

Yes, findings of domestic violence can impact custody and visitation. Courts often limit or supervise visitation by a parent with a history of abuse to protect the child's safety.

What should I do if I am falsely accused of domestic violence?

If you are falsely accused, it is important to consult a qualified attorney, gather evidence, and prepare a defense for court. Legal consequences can be severe, so taking the accusation seriously is critical.

Are there resources for victims without legal status?

Yes. Immigrant victims may qualify for special forms of relief, including VAWA self-petitions and U Visas. There are also organizations that provide assistance regardless of immigration status.

Is domestic violence a felony or misdemeanor in California?

Domestic violence offenses can be charged as either misdemeanors or felonies based on the circumstances, severity, and criminal history of the accused.

Can men be victims of domestic violence?

Yes. Anyone, regardless of gender, can be a victim or perpetrator of domestic violence in California.

What if I need help immediately?

If you are in immediate danger, call 911. You can also seek an emergency restraining order through the police or local courts.

Additional Resources

If you or someone you know needs help with domestic violence, consider reaching out to the following resources:

• California Department of Public Health - Domestic Violence Program
• California Courts Self-Help - Domestic Violence
• National Domestic Violence Hotline
• Los Angeles County Domestic Violence Council
• California Partnership to End Domestic Violence
• Victim Witness Assistance Programs (offered through county district attorney's offices)
• Public Defender Offices
• Legal Aid organizations in your area

Next Steps

If you need legal assistance regarding domestic violence in California, here are some suggested steps:

• Assess your immediate safety and those of any children; contact law enforcement if you are in danger.
• Gather important documents and evidence, such as incident reports, photographs, messages, and witness information.
• Consult with a qualified attorney who specializes in domestic violence or family law matters.
• Consider reaching out to local support organizations for counseling, shelter, or additional guidance.
• File any necessary legal paperwork for restraining orders or court protection as soon as possible.
• Attend all scheduled court hearings and comply with any legal orders or court directions.

Legal processes can be complex and emotionally challenging, but you do not have to navigate them alone. Seek both legal and emotional support to help you through your situation.