When it comes to family law, domestic violence cases can be some of the most emotionally charged and difficult cases to handle. In Orange County, California, domestic violence cases are governed by the Domestic Violence Prevention Act (DVPA).
It is crucial for anyone involved in a domestic violence case in Aliso Viejo to understand the laws & rights of all parties involved. At Jos Family Law, we provide clients with outstanding legal advice & representation. Our accomplished domestic violence attorney Aliso Viejo is dedicated to helping clients achieve their goals while also protecting their rights.
What Does Domestic Violence Mean In Family Law Procedure
Domestic violence is defined as any kind of physical or mental harm caused by one person to another in an intimate relationship. In family law proceedings, it often refers to the abuse of a spouse or other family member.
It can include physical, psychological, sexual, or financial abuse. Domestic violence can have a serious impact on all involved, and it should be taken seriously. In family law proceedings, D.V. issues can be utilized to determine child custody & visitation arrangements, as well as alimony/spousal support.
The court may issue a restraining order to protect the victim from further harm. Those accused & victims of domestic violence should seek legal advice as soon as possible.
The Consequences Of A DV Charge
When it comes to family law matters, a domestic violence charge can be especially damaging. It is essential that you understand the potential consequences of a DV charge and how it could potentially affect your rights. The exact consequences of a domestic violence charge vary based on the severity of the alleged crime, but generally include:
- Jail time:- Depending on the actual severity of the charge, a conviction for domestic violence could mean jail time.
- Fines:- You may also have to pay hefty fines for a domestic violence conviction.
- Probation:- You may also be placed on probation if convicted of domestic violence. This could mean regular check-ins with your probation officer or meeting other requirements.
- Restraining orders:- In family law cases, you may face a restraining order that could impact your child custody or visitation rights.
- Impact on Alimony Payments:- In some cases, a conviction for domestic violence could also lead to changes in alimony payments.
It is crucial to understand that even if you are found not guilty of criminal charges, there could still be consequences in family court.
It is critical that you seek experienced legal representation if you have been charged or are a victim of domestic violence in Orange County. Our experienced family law attorney will help protect your rights & work towards the finest possible outcome for your case.
What Happens During A Restraining Order Hearing?
A restraining order hearing is a critical part of the process in a domestic violence case. During the hearing, both parties have the opportunity to present evidence and testimony. The judge will ultimately decide whether or not a restraining order(protective order) should be granted.
The restraining order will set out specific terms and conditions that the defendant must follow. These conditions can include staying away from the victim, refraining from certain behaviors, and having no contact with the victim.
If the judge grants the restraining order, it is legally binding & violators can face serious consequences such as jail time. It is critical to remember that a restraining order hearing is not a criminal trial & the defendant is not entitled to the same legal rights as they would be in a criminal court.
What Should I Do If Charged With D.V.?
If you are charged with domestic violence in Aliso Viejo, it is crucial to understand your rights and to take action as soon as possible. The consequences of a DV charge can be serious and long-lasting, so it’s vital to understand the process and your options. Here are some essential & vital steps you should take if you have been charged with domestic violence:
- Take the charges seriously: Domestic violence is a serious offense that can oftentimes result in a conviction or even jail time. It is important to take charge seriously and understand the potential consequences.
- Seek legal advice: Contact our experienced family law attorney right away. We can help explain the charge and possible outcomes. They can also help you build a defense or negotiate a plea bargain, if appropriate.
- Know your rights: Be aware of your rights and the resources available to you. In California, victims of domestic violence are protected under the Domestic Violence Prevention Act, which allows for restraining orders and other civil remedies.
- Collect evidence: Gather any evidence or witness statements that may help prove your innocence. This could include medical records, photos of injuries, or accounts from witnesses.
- Make sure your story is heard: You have the right to make your case in court. This includes presenting evidence and calling witnesses to testify on your behalf.
- Remain calm: The court proceedings can be stressful and emotional, but it’s important to remain calm and professional throughout the process. It’s also critical to follow all court orders, such as staying away from the accuser.
Following these steps can help you protect your rights and ensure a fair trial. If you have been charged with DV, it is crucial to contact our experienced Aliso Viejo domestic violence attorney asap to discuss your options.
Why Choose Us
Comprehensive Solutions To D.V. Through Accomplished Legal Services
Our law firm has a wealth of experience in helping individuals who are facing domestic violence charges in Orange County. At Jos Family Law, we understand the laws that govern family law, including divorce, child custody, support, & more, as well as the legal process involved in such cases.
We provide knowledgeable & compassionate legal representation to ensure that our client’s rights are respected and defended throughout the legal process. We have extensive experience in the courtroom, having won countless cases for our clients. Our team of attorneys is dedicated to providing excellent legal representation with a personal touch.
We are passionate about representing our client’s interests, no matter the circumstances. With our top domestic violence attorney Aliso Viejo by your side, you can rest assured that we will fight hard for you and use every legal avenue possible to protect your rights.