Divorce cases arise for countless reasons, including infidelity, household disharmony, or simply irreconcilable differences. Many of these reasons are valid, and couples experiencing these situations seek smooth, amicable divorces. Unfortunately, some divorce cases stem from abusive relationships. These situations are much more complicated and are often fraught with physical and emotional danger for the victim. Whenever domestic violence is an issue in a divorce case, the victim needs to know their rights and their legal options to safely end their marriage.
Domestic violence does not only happen inside marriages but can happen between any two people who live or spend time in the same home or who are emotionally or intimately involved. Thankfully, you do not need to be married to get protection from the domestic violence protection statutes. If you are, or have been, in a relationship with a person that has become physically violent, stalks you, harasses you, or has acted in any way which puts you in a reasonable fear of that person, you can request a domestic violence restraining order. Keep in mind that domestic violence does not only exist in person. You can be domestically abused by means of text, email, social media, or other methods.
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. This ambiguity can feel confusing, especially for victims, but there are tactics to learn and understand what constitutes domestic violence. A few examples of how domestic violence could play a role in a divorce would include someone physically abusing their spouse or their children, intimidation, threats, harassment, stalking, or sexual abuse. These actions can be perpetrated by any partner in an intimate relationship, marriage, or divorce. Whenever any of these issues appear in any form within the home, it is vital to seek the services of a professional Sacramento domestic violence attorney. Your lawyer will be able to offer safety and protection quickly to prevent further harm. Some laws allow victims to take immediate action against abusers, so it is possible to achieve safety within one day’s time.
Many actions constitute domestic violence under California state law, and any manifestation of these occurrences is grounds for legal action. It is important to be able to identify these incidents so you can identify them if they happen to you or a loved one. Some of the most common categories of domestic violence include:
It is important to remember that domestic violence does not need to necessarily constitute physical violence or result in physical injury. Though media depictions lead us to believe that punching and kicking are signs of abuse, and they certainly are, domestic violence can manifest in many different ways. It is important to know what to look for in all forms to protect yourself and others.
If you or a loved one have been the victim of domestic violence, or if you have been accused of domestic violence, it is understandable to feel vulnerable and scared. However, it is important to note that the sooner you seek legal representation, the sooner your rights and safety can be protected by the proper authorities. Depending on the situation, domestic violence cases can call into question parental fitness and custody rights. These accusations are difficult to fight alone, so it is especially important to hire an expert attorney to have on your side.
It is essential to remember that you do not have to be the victim of the abuse to seek legal protection or a protective order against an abuser. It is possible to seek a domestic violence protective order on behalf of another family member or household member, such as a minor, child, or elderly family member.
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 or emotional relationship. Protective orders, commonly called restraining orders, are the primary legal vehicles used to protect domestic violence victims. Many people do not realize that there are different kinds of restraining orders. It is not necessary to obtain a divorce decree or formal court hearing 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. Emergency restraining orders can be obtained through the police department. This category takes effect immediately and can buy you time and safety until a more permanent order can be obtained.
While your emergency restraining order is in effect, a temporary restraining order may be issued. This type of restraining order typically lasts from the time it is granted by the judge until your hearing date. During this hearing, all parties involved, including the abuser, will have the chance to plead their cases before a judge. These hearings are ultimately designed to protect everyone involved; if you have been truthful with your domestic violence lawyer about what happened, you have nothing to worry about. Unfortunately, some people levy false accusations of domestic violence when they begin the divorce process, which is why the courts allow alleged abusers to plead their cases. Accusations found to be false typically lead to more challenging legal proceedings as well as potential criminal penalties for the individual who falsely accused their spouse or partner of domestic violence. A Sacramento domestic violence attorney is instrumental in proving, or disproving, a claim of domestic violence. No matter which side of the accusation you are on, a Sacramento domestic violence attorney can arrange protections as necessary before and after the divorce decree is granted. Don’t try to handle a domestic violence case alone, our professional office will ensure you remain protected throughout the process.
Unfortunately, it is common 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. It is important to maintain control over your emotions and call a Sacramento domestic violence attorney as soon as you can.
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.
In the event you have been wrongfully accused of domestic violence, the Sacramento domestic violence attorneys at Ewing Law Group 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. If you need to prevent or remove a restraining order that has been placed against you unfairly, we can help. Ultimately, you can hold your false accuser responsible for any damage they caused to you and your reputation. It may even be possible to recover compensation for your pain and suffering if you and your attorney can prove they knowingly and maliciously levied untrue allegations to harm you. Reach out to our expert team to help protect your reputation and your future.
In many cases, accusations of domestic violence end up being accurate and true. If you prove your case as a victim and win, your perpetrator will pay for what they did and the hurt that they caused. Common penalties for domestic violence in California include:
California takes domestic violence cases extremely seriously, and laws have been created to ensure that victims see justice.
When domestic violence is an issue in a California divorce case, the victim will have a much stronger negotiating position in court. Many of your terms will likely be met during the divorce if your ex-spouse is convicted of domestic abuse. 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.
If you have been a domestic violence victim and are not currently going through a divorce, it is likely best for you 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.
Defending against any false accusations requires dismantling the prosecution’s argument and challenging the validity of offered evidence and testimony. Your Sacramento domestic violence attorney will be able to assist you in doing this and can 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 any false allegations 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.
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 to provide the most effective legal representation we possibly can.
At Ewing Law Group, we understand how difficult it can be to struggle with the effects of domestic violence and the fear and uncertainty domestic violence can cause. Our mission is to provide you with compassionate and reliable legal counsel and arrange the legal protections you and your family need to avoid future violent incidents. Contact us today to take your first step toward safety.