Santa Ana Domestic Violence Lawyers
Domestic abuse is a serious issue that affects the health and wellness of many men, women, and children around the state of California. Every person deserves safety in their own home, free from physical, mental, or economic abuse. Domestic violence is a crime, but it can also intersect with family law matters, especially regarding protection orders or divorce.
If you are a domestic violence victim, don’t feel you must go through this challenging time alone. A domestic violence victim attorney on our team would be happy to review your case and ensure you and your family are safe. Whether you need assistance filing for a protection order, pursuing a divorce, or staying safe from harassment, our team at Sarieh Law Offices, ALC can help. Call us today at 714-694-7723 to speak with a legal advocate free of charge.
How Does the Law Define Domestic Violence?
Domestic violence is defined as “abuse against an intimate partner.” This intimate partner could be a current or previous spouse, a domestic partner, a live-in partner, or the other parent of a child. In California, the law sees a defendant’s child and any relatives, like siblings, grandparents, and step-siblings, as potential victims as well.
Penalties vary in domestic violence cases depending on which offenses are committed. Abuse, threatening behavior, and neglect are typically charged as misdemeanors. All other types of abuse are often charged as felonies. The court will decide if the case warrants a misdemeanor or felony charge based on the unique circumstances presented.
If an abuser is found guilty, they could get jail time, probation, restitution, loss of custody, and a permanent criminal record. These penalties can be passed even in misdemeanor cases, depending on the severity of the crimes. If you have suffered domestic violence, it is essential to speak with a domestic violence victim lawyer on our team to create a strong case against your abuser and get the outcome you deserve.
What Legal Protections Are Available for Domestic Violence Victims?
Victims of domestic abuse are entitled to legal services to keep them safe. Involving law enforcement is the best way to document the abuse and support your case in the event that it does go to court. There are also legal orders you can file for with the help of a lawyer on our team.
These orders include:
A restraining order, also called a protective order, is a civil order issued by the court. This order requires your abuser to stop harassing or abusing you by limiting your interactions with each other. Restraining orders will not allow the individual in question to speak to you in person or over the phone.
Temporary Support Order
If you are married to your abuser and would like to get a divorce, a temporary support order gives you temporary spousal support. This support can help you regain your independence and support yourself while you finalize your divorce.
What Happens When an Individual Has a Restraining Order Against Them?
Restraining orders, or orders of protection, are legal orders issued to protect an individual. Restraining orders typically require an individual to stop harassing or contacting the alleged victim in any way. This can include talking to them in person, calling them on the phone, texting, sending emails, or stalking them. Intimidation tactics, like threats, are also not allowed under a restraining order.
If an individual violates their restraining order, the court may penalize them. Penalties can include being charged with contempt of court, which can lead to fines and jail time. Similarly, if the individual is under probation, violating a protection order could revoke that right.
How Does Domestic Violence Impact a Divorce Case?
If you are divorcing the person accused of domestic violence, any order granted or other evidence of abuse may be considered in your divorce proceedings. Evidence of domestic violence may impact child custody, spousal support, and other divorce considerations. The court may be limited in what they can change based on domestic violence evidence in a divorce case.
Child custody rights may be reduced after finding evidence of domestic violence. Most judges will not reduce child custody unless the violence was explicitly aimed at the child in question. If a parent is concerned for their child’s safety, they can request public visitation or supervised visitation.
In the case of spousal support, some judges may consider how domestic violence has impacted a spouse’s ability to support themselves. Financial abuse may affect the amount of spousal support one individual has to pay to another. This is done on a case-by-case basis and may not impact your divorce.
If you are a victim of domestic abuse and would like to pursue a divorce, contact our law firm today. Our team can review your case and assist you in gathering evidence of domestic abuse to expedite the process and get the outcome you deserve.
How Can a Domestic Violence Lawyer Help Me?
Domestic violence is a serious crime that cannot be taken lightly. Emotional, sexual, physical, and financial abuse are real threats that can impact your life daily. Our team at Sarieh Law Offices, ALC can help you seek a restraining order or order of protection to keep you and your family safe. We can also help you file for divorce and gather evidence of domestic violence to expedite the process. Don’t feel like you must go through this challenging time alone. Call us today at 714-694-7723 for a free consultation and to learn more about our services.