Breaking Free From Domestic Violence With Top Orange County Domestic Violence Lawyers
No matter how bad the circumstances, it’s never acceptable to physically harm or verbally abuse another person. If you or someone you know has been a victim of domestic violence, don’t hesitate to contact our seasoned Orange County Domestic Violence Lawyers.
With years of experience & insight into the law, Jos Family Law will fight for your rights and your family’s future. There are many ways to get help if you are facing charges or penalties due to domestic violence, and you don’t have to face them alone.
The Effects Of Domestic Violence
Domestic violence is often hard to recognize at first. There are some early warning signs you may notice, like changes in your partner's behavior or mood. You may start feeling scared of your partner & his behavior becomes unpredictable.
Maybe he/she threatens to hurt you or someone else, puts you down constantly, prevents you from seeing friends and family members, takes your money without permission, or has more frequent episodes of passionate sex that end with you feeling ashamed.
It can be difficult to get away from a situation like this because the abuser doesn't want the victim to leave. The abuser will do everything possible to keep the victim under control. The abuser actually wants power as well as control over the victim.
So it's crucial for victims of domestic violence to seek help & guidance immediately. At Jos Family Law, our seasoned & compassionate attorneys are here for you & your family every step of the way. Contact Jos Family Law today for a free consultation.
Common Types Of Abuse
Domestic violence is actually a crime of power & control. The abused individual loses their sense of safety, dignity, independence, or self-worth. They may be afraid to leave because they may fear the batterer will find them and harm them or their children.
They fear repercussions such as abandonment by friends and family, inability to support themselves, or lack of child custody if they involve law enforcement authorities. Here are some common types of abuses:
Physical Abuse - Hitting, Slapping, Pushing, etc.- Sexual Abuse - Forced Sex
- Emotional Abuse - Threats, Insults, etc.
- Financial Abuse - Refusing access to funds
- Neglect - Physical or Emotional.
You should not have to live in fear. Contact us for help today!
Top Domestic Violence Attorney Orange County Protects Victims & Their Families
What Happens When I Get A Restraining Order?
Once you have a restraining order, the person being restrained must:
- Stay away from you.
- Must not contact you in any way, including phone calls, letters, etc.
- If this person has children with you, he or she must not pick up the kids from school.
- Give up all firearms to law enforcement immediately.
- When your case is over, your restraining order will expire and the person who was restrained will be able to live wherever they want.
- Restraining orders can be modified when circumstances change and need to be changed again if there are changes that may occur in the future.
- Violating a court-ordered no-contact provision could result in criminal charges and imprisonment.
- A violation of a restraining order is punishable by fines, penalties, or jail time up to one year & more.
Get your free consultation today
Understanding Your Legal Options In Domestic Violence Cases
Criminal Charges Are Different From Civil Cases
Unlike criminal charges, which are filed by law enforcement to punish and convict the defendant for an alleged crime, civil cases do not involve the government. They generally arise from disputes over family, money, or property where a party feels wronged by another.
Since there is no threat of jail time, one may pursue a civil case when either there is not enough evidence to get a criminal conviction or the person is unable to participate in the criminal justice system due to special circumstances.
On the other hand - the penalties for domestic violence convictions can be quite serious, with an extensive list of consequences to suffer from. These include not only jail time and fines, but also the loss of voting rights, rights to gun ownership, etc.
For people facing criminal charges relating to domestic violence, it's critical that they explore their legal options in detail with a knowledgeable attorney as soon as possible. A conviction can also lead to family separation, which is emotionally and physically devastating for victims and their children.
Therefore, it is crucial that you get help early on by contacting one of our experienced domestic violence attorneys, who are equipped to handle all types of cases relating to spousal abuse or intimate partner abuse. We will work diligently on your behalf in order to achieve the best possible outcome for your case so that you can continue living your life free from fear.
What Happens When Someone Violates A Restraining Order?
Violating a restraining order is a serious criminal offense that carries serious consequences. To violate a restraining order, someone would have to knowingly contact the person who filed the restraining order or cause them physical harm. Violating a restraining order can lead to fines, jail time, and other penalties that depend on the severity of the violation.
The punishments for violating a restraining order will vary depending on whether it was an emergency protective order or not. In some cases, people could face up to 1year in prison for violating an emergency protective order. If you are being threatened by someone you are no longer in contact with, it is important to get help immediately before the situation escalates into something worse.
We offer free consultations and flexible hours, so we can meet your needs. We also provide legal counsel for any violation, including domestic violence offenses like stalking, cyberstalking, etc. Call us today to discuss your specific case and our attorneys will provide you with all the information you need!
Uncovering Solutions To The Difficulties Of Domestic Violence
Quick Facts
- Domestic violence is defined as a pattern of abusive behavior used to establish power and control over an intimate partner.
- Victims often suffer from multiple physical & psychological injuries, including post-traumatic stress disorder, depression, anxiety, eating disorders, & suicidal ideation.
- Domestic violence affects every demographic group & can happen to anyone regardless of gender/sexual orientation.
- In the United States, each year, approximately 1.3 million women are assaulted by their current or former male partners.
- The Centers for Disease Control (CDC) estimates that nearly one-third (30%) of all female homicide victims were killed by their husbands or boyfriends; 18% were killed while they were pregnant.
Don't Stay Silent About Domestic Violence - Seek Legal Assistance Now
Warning Signs
There are many warning signs of domestic violence. The most obvious sign is physical abuse. Other signs of abusive behavior include threats to harm or kill the victim, the victim's children, or family members. Also, emotional abuse such as intimidation, humiliation, & constant criticism; isolation from friends and family; and stalking behaviors such as monitoring phone calls and emails.
Abusers often put down their victims verbally, blame them for their violent behavior and make light of the abuse they inflict. Abuse can actually happen to anyone, no matter what they look like or what they do for a living. It can happen to someone with a good education who earns a lot of money as well as someone without any formal education who lives on welfare payments.
How Does An Attorney Help?
If you/loved one is the victim of domestic violence, it's important to know that you can seek protection through the court. An attorney can help by ensuring that you have the best prospect of winning your case. If you're worried about what may happen if you contact an attorney, rest assured - there are many resources available to victims of domestic violence who are seeking assistance with their cases.
There are various sorts of abuse & each has its own set of circumstances. Victims need a lawyer that understands their unique situation in order to pursue legal recourse and win any given case. Our seasoned attorney will be able to provide legal advice, as well as representation throughout any hearing process or trial. The decision on whether or not to pursue legal action is always up to you; however, you should know that hiring an attorney early on can significantly improve your chances of success.
Call today for a free consultation.
Securing Safety - Understanding Domestic Violence & Your Legal Options
Prevalence Of Domestic Violence In O.C
Domestic violence is a devastating problem in Orange County and throughout the United States. According to the Orange County Human Relations Commission, domestic violence affects more than two million people in the county every year.
The victims of O.C. domestic violence are often women & children who face physical, mental, as well as emotional abuse from their partners/family members. In addition to physical and psychological trauma, victims of domestic violence may also suffer financial losses due to lost wages, legal fees, and medical bills.
The physical, emotional, and financial consequences of domestic violence can have a long-lasting impact on victims, and it is important for them to have access to experienced legal representation to help protect their rights and ensure justice is served.
The Process Of Filing Domestic Violence - Restraining Order
To obtain a restraining order, you must file a Petition for Domestic Violence Prevention with the court. The petition must include detailed information about the domestic violence incident, including the type of violence, who was involved, and any other relevant details.
After filing the petition, the court will set a hearing date and issue a temporary restraining order. This is an important step because it can provide immediate protection from further abuse. During the hearing, both parties will have the opportunity to present their case, and the judge will decide whether or not to make the restraining order permanent.
It is essential & vital to have an experienced attorney present at this hearing, as they can help protect your rights and present a strong case in court.
The Best Domestic Violence Attorney In Orange County Offers The Help You Need!
At Jos Family Law, our orange county domestic violence lawyers can provide you with the legal help you need. Our team is committed to getting you the resources & resolution that you will need during this difficult time in your life.
Our compassionate team will listen to your needs and create a customized strategy that helps you to stay safe. From temporary restraining orders - divorce paperwork, our lawyers will take care of all of your legal needs related to domestic violence.
At Jos Family Law, we understand that abuse affects more than just one person. When assisting domestic violence victims, we genuinely take into account not only our client's safety & concerns but also their family's well-being.
Call Jos Family Law today at 714-733-7066 to speak with one of our dedicated professionals, and we'll answer any questions or concerns you may have.
Don't Face Domestic Violence Alone - Understand Your Rights & Seek Legal Counsel
What To Really Expect During A Domestic Violence Trial
If a restraining order is granted, the victim and the accused may face a trial. During a domestic violence trial, the court will analyze evidence from both sides. The judge will make a ruling based on the facts presented by each party.
It is crucial to have an experienced domestic violence lawyer on your side, as they will be able to present a strong case on your behalf. During a domestic violence trial, victims can expect to give testimony and answer questions from the accused. Witnesses may also be called in to provide evidence.
At the end of the trial - the judge will decide whether or not a restraining order should be granted. Victims of domestic violence are often entitled to compensation for medical bills, loss of wages, and other damages. With the help of an accomplished domestic violence lawyer, victims can ensure their rights are protected.
Protecting Families & Communities From Domestic Violence
The Defenses Used In Domestic Violence Cases
When facing domestic violence charges, a defendant may attempt to rely on a variety of defenses. Self-defense is one of the most commonly used arguments. This defense states that the accused person acted in self-defense against an attack or a threat of physical harm.
Another defense that may be used is duress. This defense claims that the accused person was forced to commit the act due to threats from another person. Lastly, a person may also claim insanity or lack of capacity to stand trial.
All of these defenses must be proven in order for them to be accepted in court. An experienced Orange County domestic violence lawyer can help you determine which defense is the best for your case.
Charges & Penalties For Domestic Violence In California
Assault – Physical contact or threat of violence against another person. The penalty for assault is typically jail time or a fine.
Battery – Intentionally causing physical harm to another person, such as hitting, punching, or otherwise causing physical pain. Depending on the actual severity of the offense, penalties may include jail time and a fine.
Aggravated Assault – Intentionally causing serious bodily injury to another person. This is a felony charge with harsher penalties than for assault or battery, which may include prison time.
Stalking – Following, harassing, and threatening another person. This can be a misdemeanor or a felony charge, depending on the circumstances, and penalties may include jail time and fines.
Violation of Restraining(Protective) Orders – Violating a court-issued order of protection that prohibits contact with a victim or perpetrator of domestic violence. Penalties may include jail time & fines.
Violation of Probation – Violating the terms of probation ordered after a conviction of a domestic violence crime. Penalties may include jail time and/or additional probationary requirements.
Breaking The Cycle Of Violence & Fear
O.C. Domestic Violence Charges Without Visible Injuries
Domestic violence charges can be filed without visible injuries, such as bruises or cuts. In California, domestic violence is defined as any act that intimidates, threatens, or causes fear of physical harm to an intimate partner. This includes both physical and verbal abuse, as well as stalking and controlling behaviors.
If the accused has a prior conviction for domestic violence, prosecutors may be more likely to pursue a charge even if there are no visible injuries. Our experienced Orange County domestic violence lawyer will understand the complexities of domestic violence cases and be prepared to build a strong defense. They can also provide support & legal counsel to victims of D.V.
What Are California Domestic Battery Laws?
California domestic battery laws protect victims of domestic violence from physical harm caused by someone with whom they have an intimate relationship. These laws prohibit the willful and unlawful use of force or violence against an intimate partner, including spouses, former spouses, cohabitants, former cohabitants, or any person who has a child in common with the perpetrator.
Under California law, a “domestic battery” is defined as any physical contact that results in bodily injury or harm to an intimate partner, even if it does not leave visible marks or injuries. Penalties for a domestic battery conviction can range from probation and a fine to jail time and a restraining order. If you are facing domestic battery charges, it is crucial to contact our experienced Orange County domestic violence lawyer for help.
How To Effectively Defend Against A Physical Injury To A Spouse D.V. Charge
If you are facing D.V. charges in Orange County, you need to know your rights and how to defend yourself. It is essential to have a good defense strategy in place to protect your legal rights. To effectively defend against a physical injury - spouse D.V. charge, you really must be aware of the available defenses.
Self-defense is among the most common defenses used in these cases. Additionally, false accusations, alibis, or lack of evidence may be used as viable defense strategies in domestic violence cases. The best way to make sure your rights are protected is to get the assistance of our experienced Orange County domestic violence lawyer. They can provide you with the advice and resources you need to build a strong defense.
Navigating The Tricky Terrain Of Domestic Violence
Domestic Violence Restraining Order - How To Conduct Yourself To Evade Further Legal Troubles
When a person is accused of domestic violence, they may be issued a restraining order by the court. A restraining order(protective order) is a legal document that limits contact between the accused and the alleged victim. It can prevent the accused from coming within a certain distance of the alleged victim, their home, or their workplace.
If an individual is found in violation of the restraining order, they could face serious legal consequences. To ensure that you are not held in contempt of court, it is crucial to take the order seriously. Make sure to avoid any contact with the alleged victim, even if it is accidental.
Furthermore, it is crucial to be respectful when communicating with the alleged victim. Do not make any harassing or threatening comments, even if you are angry. When dealing with a restraining order, it is wise to seek guidance from our experienced Orange County domestic violence lawyer.
Frequently Asked Questions
Domestic violence is the use of physical, psychological, sexual, or economic force against an intimate partner or family member. It is a pattern of coercive behavior used to maintain power & control over another person.
Anyone can be a victim of domestic violence regardless of gender, age, race, ethnicity, sexual orientation, income, or religion. Domestic violence does not discriminate.
Warning signs of domestic violence can include: verbal threats and/or insults, physical aggression, possessive behaviors, controlling behaviors, isolation from family and friends, or economic abuse.
If you or someone you know is a victim of domestic violence, there are numerous resources available to provide support & safety planning. You can call the 1-800-799-7233 - National Domestic Violence Hotline or reach out to a local domestic violence agency such as Human Options in Orange County. Additionally, victims of domestic violence in Orange County can contact Jos Family Law for consultation.
The most effective way to prevent domestic violence is to talk about it. Educate yourself and your loved ones about the warning signs and provide support for those who may be experiencing abuse. If you know someone who may be in an abusive relationship, reach out and offer them help. Additionally, donate to organizations that work to prevent and end domestic violence in Orange County.
In many states, including California, domestic violence is considered a criminal offense & perpetrators may face criminal charges and jail time if convicted.
Yes, you can obtain a restraining order against your abuser in order to protect yourself from future harm.