Why Choose the Ewing Law Group?
When you need a Sacramento domestic violence attorney, it is essential to find one with solid experience handling cases similar to yours. The Sacramento domestic violence attorneys at the Ewing Law Group have successfully represented countless domestic violence cases in the greater Sacramento area. Our team knows how terrifying domestic violence can be for victims, especially children, and we do everything we can to protect our clients as quickly and completely as possible.
The Ewing Law Group remains committed to providing reliable, compassionate, and responsive legal representation to every client. When you hire our team to be your Sacramento domestic violence lawyers, you can rest assured we will immediately take action to secure the legal protection you need from your abuser. We also understand that domestic violence takes many forms and can have many different consequences. Our team will take the time to get to know you and learn about your experiences to provide the most effective legal representation we possibly can.
In the event you have been wrongfully accused of domestic violence, our team will do everything in our power to help you clear your name. A domestic violence accusation and subsequent restraining order can have severe consequences on your life, including a loss of your parental rights or even incarceration and other penalties. If you need to prevent or remove a restraining order that has been placed against you unfairly, we can help.
What Is Domestic Violence?
“Domestic violence” is a rather broad legal term that applies to any and all acts of violence or harm committed by someone with whom you are married or have a relationship with. A few examples of how domestic violence could play a role in a divorce would be a spouse physically abusing their spouse or their children, intimidation, threats, harassment, stalking, and sexual abuse. Whenever any of these issues appear within a marriage or dating relationship, it is vital to seek legal advice and protection as quickly as possible to prevent further harm.
Many actions can constitute domestic violence under California state law. Some of the most common forms of domestic violence seen include:
● Physical abuse, including hitting, striking, or intentionally causing injury to a family or household member.
● Sexual abuse, including rape and sexual battery.
● Psychological abuse and threats, including any words or actions intended to cause the victim to fear for their personal safety.
● Harassing behaviors such as stalking or intentionally disturbing the peace, or harassment on social media.
It is important to remember that domestic violence does not need to necessarily constitute physical violence or result in physical injury. Additionally, it is possible to seek a domestic violence protective order on behalf of another family member or household member, such as a minor child.
If you have been the victim of domestic violence, or if you have been accused of domestic violence you need to seek legal representation to protect you and your rights. A finding of domestic violence can have long-lasting legal ramifications affecting your Constitutional and parental rights. Having an experienced attorney on your side is very important in Domestic Violence cases.
Legal Protections for Domestic Violence Victims
California law takes domestic violence very seriously and provides victims with several legal options for protection from an abusive family member or someone with whom you had a dating relationship. Protective orders, also commonly called restraining orders, are the primary legal vehicles used to protect domestic violence victims. It is not necessary to obtain a divorce decree before obtaining a restraining order; your domestic violence attorney can initiate the court proceedings necessary for your domestic violence protection rather quickly, and a judge will grant the order in a timely manner to prevent further harm to the victims while the case unfolds.
A temporary restraining order typically lasts from the time the judge grants it until a specified hearing date. During this hearing, all parties involved will have the chance to plead their cases before a judge. Unfortunately, some people levy false accusations of domestic violence when they begin the divorce process. This typically leads not only to more challenging legal proceedings but may also result in criminal penalties for the one who falsely accused their spouse or partner of domestic violence. A Sacramento domestic violence attorney can be instrumental in proving, or disproving, a claim of domestic violence and arrange protections as necessary before and after the divorce decree is granted.
Penalties and Repercussions of Domestic Violence in California
When domestic violence is an issue in a California divorce case, the victim will have a much stronger negotiating position when it comes to the court’s determination of the details of their divorce. While California has relatively strict legal statutes in place concerning property division and child custody in divorce, one spouse’s domestic violence history could sway the court in surprising ways. The offending spouse may also face criminal penalties for their action.
Defending Yourself When Accused of Domestic Violence in California
Unfortunately, it is not uncommon for people to levy false allegations of domestic violence during divorce proceedings or other sensitive family law matters. They may do so out of spite or in an attempt to leverage their proceedings. Sometimes, false accusations can lead to very real consequences for the accused. If you are facing a domestic violence arrest due to a false accusation, it’s normal to be very angry and feel cornered. However, these emotions can easily work against a person in this situation.
California law enforcement officers have a legal duty to minimize risk to victims and alleged victims of domestic violence. If you have been falsely accused, the police may remove you from your home and take other protective precautions before you have the opportunity to provide your story formally and clarify the situation. While this can be incredibly difficult to endure, your Sacramento domestic violence attorney can help you develop the best available defense against the domestic violence charges levied against you.
Ultimately, you can hold your false accuser responsible for any damage they caused. It may even be possible to recover compensation for your pain and suffering caused by their false accusations if you and your attorney can prove they knowingly and maliciously levied untrue allegations to harm you.
How Can a Defense Attorney Help Me?
Defending against any false accusations requires dismantling the prosecution’s argument and challenging the validity of offered evidence and testimony. Your Sacramento domestic violence lawyer may be able to assist you in these endeavors and also coordinate expert witness testimony to support your defense. For example, some medical experts may be able to prove that you were defending yourself by explaining your defensive wounds to the court or proving your accuser falsified their allegations in some other way.
Your domestic violence defense attorney can also help you gather character witnesses and work within your community to reduce the potential social impact the false allegations against you might have. Every case is different, but, ultimately, it is essential for anyone who has been wrongly accused of domestic violence to seek legal counsel as soon as possible to build the strongest possible defense.
Seek Legal Protection from Domestic Violence Immediately
If you have been a domestic violence victim, you need to end your marriage as quickly and safely as possible. A Sacramento domestic violence lawyer can be your best possible ally. Your attorney can not only help you build your divorce case but also secure the legal protections you need to move on with your life with peace of mind. Contact the Ewing Law Group today
to schedule a consultation with an experienced and compassionate domestic violence attorney.