Domestic Violence

Domestic Violence

Any sort of violence that is directed towards loved ones is unlawful. The fact that you are married, divorced, or dating a person does not entitle that person to strike, terrorize, or abuse you or anyone else living in your home.

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Domestic Violence – Los Angeles Domestic Violence Attorney

Any sort of violence that is directed towards loved ones is unlawful. The fact that you are married, divorced, or dating a person does not entitle that person to strike, terrorize, or abuse you or anyone else living in your home. In the state of California, this type of brutality or abuse is known as domestic violence, and it can be charged as either a felony or misdemeanor based on the extent of the violence and the type of injury inflicted.

Specifically, domestic violence is defined as an abusive relationship in which actual physical or threatened violence, along with other types of abuse, exist. The types of relationships that are covered under this definition include spousal relationships, people who are separated or divorced, cohabitants, those people who are dating, and the children that couples have in common. A Los Angeles, Torrance, or South Bay family law attorney can further assist you with respect to the particulars of your specific situation.

California’s law is very firm against domestic violence offenders. Any victims of domestic violence should immediately contact his or her local law enforcement agency. Also, keep in mind that children can be the recipients of domestic violence. Domestic violence charges can be brought when a child has been subjected to physical hitting, verbal abuse, threats, or sexual wrongdoing. Further, it is not a requirement that children are the direct recipients of the violence, but they only need to be present during the abuse. If that is the case, child endangerment charges can also be justified. Child endangerment is the abuse that a child suffers while observing domestic violence, and it is a severe crime that is charged under California’s domestic violence laws.

Victims of domestic violence should take additional steps to seek protection. For example a victim could ask for an emergency protective order, which will be valid for five days; or he or she may request a temporary restraining order (TRO), which is often used in cases that are less serious. TROs can be granted for periods of three weeks up to three years. A knowledgeable family law attorney can advise you concerning which of these options will best fit your situation.

The issuance of protective orders against domestic violence is governed by the Domestic Violence Prevention Act (the DVPA). The DVPA authorizes a court to issue protective orders on the application of a party, and emergency protective orders at the request of a law enforcement officer. As used in the DVPA, a “protective order” is an order that includes specific restraining orders, whether issued ex parte, after notice and hearing, or in a judgment. An “emergency protective order” is a protective order issued by a judicial officer on the request of a law enforcement officer who believes an immediate and present danger of domestic violence or child abuse, as defined by the DVPA, exists. In general, the purpose of a protective order is to prevent a recurrence of domestic violence and to assure a period of separation of the persons involved for a period sufficient to enable them to seek a resolution of the causes of the violence.

In many California domestic violence cases, especially in cases that involve spousal abuse, once an arrest has been made, the prosecutor will take over the case. Once this occurs, even if the victim decides to “forgive and forget,” he or she will simply become a witness because regardless of your forgiveness, the prosecutor will move ahead with the criminal case. If you need a Los Angeles, Torrance or South Bay family law attorney, please call Daigneault Law at (800) 682-7490 for a free consultation.

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