Best Domestic Violence Lawyers in Fresno

About Domestic Violence Law in Fresno, United States

Domestic violence is a significant legal and social issue in Fresno, United States. It refers to abuse or threats of abuse between people in an intimate relationship, including spouses, partners, parents, and even roommates. The law covers a wide range of behaviors, not just physical violence, but also emotional, psychological, sexual, and financial abuse. In Fresno, domestic violence cases are handled seriously by law enforcement and the court system, with specialized courts and resources dedicated to protecting victims and prosecuting offenders.

Why You May Need a Lawyer

Seeking legal assistance in domestic violence situations can be critical for various reasons. If you are a victim, a lawyer can help you obtain protection orders, secure custody of children, and navigate the criminal justice system. If you have been accused of domestic violence, an attorney is essential to ensure that your rights are protected and you are given a fair opportunity to present your case. Legal help may also be necessary for situations involving child custody disputes, divorce, property division, or immigration status that are complicated by allegations of domestic violence. An experienced domestic violence attorney in Fresno can provide guidance and representation tailored to your specific circumstances.

Local Laws Overview

In Fresno, domestic violence is governed primarily by California state laws, which are strictly enforced locally. Key aspects include:

• Definition of domestic violence includes abuse or threats toward a spouse, former spouse, a person the accused has dated or lived with, or someone with whom they share a child.
• Victims can seek restraining orders, which prohibit the accused from contacting or coming near the victim.
• Violations of restraining orders are criminal offenses and can result in arrest and jail time.
• Domestic violence charges can be filed as misdemeanors or felonies, depending on the severity and circumstances.
• Convictions may affect child custody, gun ownership rights, and future job opportunities.

Frequently Asked Questions

What counts as domestic violence in Fresno?

Domestic violence includes physical harm, threats, stalking, harassment, emotional abuse, or any form of controlling behavior against an intimate partner, family member, or someone you live with.

Can I get a restraining order in Fresno?

Yes, victims can apply for a restraining order through the Fresno County Superior Court. Emergency and temporary restraining orders can be obtained quickly if immediate protection is needed.

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

If accused, do not contact the alleged victim. Seek legal counsel immediately, follow any court orders, and cooperate with law enforcement. An attorney can help you understand your rights and build a defense.

How does a domestic violence conviction affect child custody?

A conviction can influence custody decisions, as courts prioritize the child’s best interests and safety. Loss of custody or visitation restrictions are possible outcomes.

What is the process for reporting domestic violence in Fresno?

Call 911 if you are in immediate danger. Otherwise, report the incident to the Fresno Police Department. Officers will investigate and may help you get to a safe place or start the process for a protective order.

Is emotional or psychological abuse considered domestic violence?

Yes, California law recognizes non-physical forms of abuse, including threats, intimidation, and controlling behaviors, as forms of domestic violence.

Can domestic violence charges be dropped if the victim does not want to press charges?

Once police are involved, charges are pursued by the state, not the victim. The District Attorney decides whether to continue with prosecution, regardless of the victim's wishes.

Will my immigration status be affected by a domestic violence case?

Being involved in a domestic violence case can impact immigration status. Convictions may lead to deportation or affect your eligibility for visas or green cards. Immediate legal help is recommended.

Are there support services for domestic violence victims in Fresno?

Yes, there are numerous local shelters, counseling services, and advocacy organizations that offer immediate and long-term support to victims and their families.

How quickly can I get a restraining order?

Emergency protective orders can be issued by law enforcement right away. Temporary restraining orders can usually be obtained from the court within a few days, followed by a hearing for a more permanent order.

Additional Resources

If you or someone you know is experiencing domestic violence in Fresno, consider reaching out to the following resources:

• Fresno Police Department Domestic Violence Unit
• Fresno County Superior Court - Family Law Division
• Marjaree Mason Center - Local shelter and support services for victims
• Central California Legal Services - Legal aid for family and domestic violence law
• National Domestic Violence Hotline - Provides information and crisis support

Next Steps

If you need legal assistance in a domestic violence situation in Fresno, the following steps can help you protect your rights and safety:

• Ensure your immediate safety. Contact law enforcement if you are at risk.
• Document incidents of abuse, including dates, times, and any evidence or witnesses.
• Reach out to local shelters or advocacy centers for emergency support.
• Consult with a qualified domestic violence attorney who understands Fresno’s legal system to evaluate your case and represent your interests.
• Follow through with court processes, including attending hearings and complying with orders.