Domestic violence is unfortunately all too common, but it’s a taboo topic that’s rarely spoken about. Abuse committed by an intimate partner or family member is an immensely difficult situation to live through and cope with for years afterward. Speak with a kind Irvine domestic violence lawyer who’s ready to listen to your story and take steps to protect you and your family. The resources and help you need are closer than they may seem.
We can also help those who’ve been accused of domestic violence. We can work to gather strong evidence that supports your innocence and, if children are involved, fight for your parental rights.
At The Goldberg Legal Group, a family law firm, our principal attorney has years of extensive experience assisting clients and families across Orange County and southern California. He is educated, knowledgeable, and qualified to counsel and represent clients in a variety of legal areas, including divorce, child custody, support orders, establishing paternity, and more.
Understanding the Dangers of Domestic Violence
Domestic violence is any form of abuse or threat of harm committed by the victim’s family members, partner or former partners, or a person with whom they formerly or currently live. Domestic violence within matters of disputed custody also involves the abuse, endangerment, or neglect of a child. Two of the most common domestic violence charges are misdemeanor domestic battery and inflicting corporal injury on an intimate partner, which can be a felony.
Domestic violence is, unfortunately, common and can put individuals and their families in serious danger of bodily harm, psychological trauma, and long-term emotional suffering. Even when a domestic violence survivor is safe from the abuse, they may still deal with the effects for years to come, managing PTSD, strained relationships, or substance abuse.
Getting a Restraining Order in Irvine, California
If you or a loved one is suffering from domestic violence, one recommended measure to maintain your safety is acquiring a restraining order. A qualified Irvine family law attorney can help you get a restraining order, also known as a protective order, against your abuser. Protective orders are a legal tool meant to protect domestic violence victims by prohibiting their abuser from contacting them or being physically near them.
Restraining orders are legally enforceable, meaning they include repercussions and penalties if the abuser violates the terms of the court order. Obtaining a protective order is often one of the first steps for survivors of domestic abuse to begin to rebuild their lives and seek a sense of normalcy. In order to obtain a protection order, your lawyer can help you request one from the county court.
Once a request for a restraining order has been submitted to the court, a judge will typically decide relatively quickly whether to grant you temporary protection initially or a long-term restraining order. This process may take between a few weeks and a couple of months. If long-term protection is granted, this court order can last up to five years.
How Is Domestic Violence Proven in Irvine, California?
While a judge may grant you temporary protection soon after you file for a restraining order, a formal process in court is still required for a longstanding order to be approved. The accused party must be served with the court documents before appearing in court, where both sides will testify their side in the matter.
Both parties may also bring witnesses to speak to their case, as well as any evidence supporting the accusations of domestic violence or suggesting that they are unjustified or unfounded. Cases of domestic violence often lack solid evidence or unbiased proof collected by law enforcement.
These cases commonly come down to one person’s word against the other’s, so it’s left up to the court to decide whether to award the victim a protection order. However, having a strong lawyer on your side can make you more likely to succeed, whether you’re contesting a protective order or requesting one.
Irvine Domestic Violence FAQs
Q: How Long Do Most Domestic Violence Cases Last?
A: A domestic violence case may vary significantly in length, depending on the circumstances. Timelines for court cases can also be influenced by the court’s schedule, unexpected delays, and whether any appeals are warranted. If the case calls for interviewing witnesses or studying evidence, the process overall may take much longer to complete.
Q: How Do I Get a Domestic Violence Case Dismissed in Irvine, California?
A: It’s never guaranteed that domestic violence charges can be dismissed, but your strongest chances of having them dropped are with an attorney who’s familiar with these cases. Your defense lawyer will investigate the details of your case and collect any evidence that may support your innocence.
Q: What Penalties Follow a Domestic Violence Conviction?
A: The typical penalties for a domestic violence conviction in Irvine, CA include a jail or prison sentence, mandatory payment of fines, probation, attending counseling, and completing community service. The severity of punishment is determined based on the nature of the violent offense, whether the defendant had prior convictions, how many times they were previously convicted, and if the crime was aggravated, such as involving the use of a weapon.
A criminal conviction could have an impact on family law cases, like those involving custody.
Q: What Is the Dominant Aggressor Law in California?
A: California’s dominant aggressor law concerns arrests made when both parties seem to be aggressors in a domestic violence situation. The law encourages the officer to determine who the dominant aggressor is and arrest that party rather than arresting both individuals. The dominant aggressor is the person determined to be the most significant aggressor, regardless of which party began the altercation.
Contact a Compassionate Irvine Domestic Violence Lawyer Who’s Ready to Help
Getting out of a domestic violence situation is never easy and requires a great amount of courage. Here at The Goldberg Legal Group, our understanding team is ready to hear your story and strive for the protections you need, including a restraining order for your and your loved ones’ safety. Reach out to our legal team to schedule an initial meeting.
