La Palma Domestic Violence Lawyer

La Palma Domestic Violence Attorney

Being accused of committing domestic violence in La Palma can be devastating and life-changing. The legal system takes these allegations very seriously, often punishing violators with restraining orders, child custodial orders, fines, and even jail time. In this time of crisis, you need representation from a good La Palma domestic violence lawyer. They can fight for your rights and handle the legal process.

Why Choose Us?

At Gibbons & Gibbons, we have more than 60 years of combined experience with the law, and we take our clients’ rights and futures very seriously. Our team is dedicated to defending against domestic violence, and we can tailor our approach to your needs.

We pride ourselves in offering empathetic assistance, informed advice, and firm representation to seek the most favorable results. Our firm has a strong record of success and a commitment to justice. Gibbons & Gibbons can be there for you when you need us.

Domestic Violence Charges in California

Domestic violence charges in California are incredibly serious and encompass many different types of crimes. Domestic violence, as defined by California law, refers to an abuse or threat of abuse to a spouse, a family member, or a roommate. Such crimes can include:

• Physical violence
• Emotional trauma
• Threats
• Stalking
• Harassment
• Property destruction

Domestic violence laws are intended to save people from harm in private relationships, but accusations may come from a misperception of events or false claims in disputes. Nevertheless, those accused can be prosecuted, even if the charges are exaggerated or inaccurate.

Examples of Domestic Violence

Domestic violence can take many forms. It can affect individuals physically, emotionally, mentally, and even financially. Some common examples of domestic violence include:

• Physical abuse. This includes hitting, spitting, punching, kicking, choking, or using a weapon to harm another.
• Sexual abuse. This generally involves coercing or forcing an individual to engage in sexual acts against their will.
• Emotional and mental abuse. Even though these attacks do not cause physical harm, they can still leave others feeling fearful. Examples include manipulation, threats, and forced isolation.
• Stalking. This occurs when someone harasses another through repeated actions, such as following, calling, or texting them, especially after being asked to stop.

Which Situations Can Be Mistaken for Domestic Violence?

Some situations can be mistaken for domestic violence, but they really aren’t. In these instances, the circumstances do not fit the legal definition of domestic violence. Examples of this include:

• Mutual combat. If two individuals are having a mutual physical altercation, it does not count as domestic violence, even if the two are in a romantic or otherwise emotional relationship.
• Arguments. If two individuals are having an argument, this does not count as abuse, particularly if there are no threats involved in the argument.
• Accidents. An accident would not constitute domestic violence. For example, a man was running down the hall and accidentally bumped into his wife. She then fell down the stairs and suffered an injury. Though unfortunate, this would not be considered domestic violence.
• Self-defense. If one party was acting in self-defense or defense of another, this is not domestic violence, even if the defending party injured the offender.
• Mutual consent. Even if the activity is deemed dangerous by others, such as intense wrestling or physical play, it is not considered domestic violence if both parties agree to the engagement.

What to Do If You’ve Been Accused of Domestic Violence

A conviction for domestic abuse in La Palma, CA is terrifying and disruptive. Therefore, it’s critical to act decisively to help yourself. First, do not confront or even talk directly to the accuser, as this can further complicate things or be misconstrued as harassment. If a restraining order has been placed on you, follow the terms carefully. Breaking a restraining order can not only compromise your position but also carry more legal risks.

It’s important to start collecting evidence that backs up your version of events. This can involve storing text messages, emails, or other messages. Also, locate witnesses who can support your version of events. Never talk about the case or post about it on social media because anything you say in public can be used against you in court.

Perhaps the most important thing you can do is hire an attorney skilled in domestic violence cases. Just because you have been charged does not mean you will be convicted. An attorney can protect your rights and future.

FAQs

How Can I Win a Domestic Violence Case as the Accused?

To win a case of domestic violence as the defendant, you need to have a solid defense. Collect witness testimony, text messages, or video evidence that proves your innocence or challenges the accuser’s credibility. Conform to all the court mandates, do not speak to the accuser, and do not discuss the case in public. Above all, find an experienced defense attorney to examine the evidence, expose contradictions, and stand up for you in court.

What Is the Punishment for Domestic Violence in California?

Domestic violence punishments in California depend on the severity of the offense and the defendant’s past record. If the charge is a misdemeanor, it can result in months in county jail and a fine. Felony charges can lead to years in state prison, increased fines, and counseling. Additional penalties may include temporary restraining orders, the loss of child custody, and a permanent criminal record.

How Are Domestic Violence Cases Handled in California?

Domestic violence cases in California are scrutinized closely. Prosecutors will investigate these allegations. Even if the victim recants, the prosecutor typically pursues charges. Such cases can involve restraining orders, criminal trials, or family courts. Building a case requires medical documentation, photos, and witnesses, and courts usually seek both criminal penalties and the protection of the victim’s safety.

How Much Does a Defense Attorney Cost in California?

The cost of a defense attorney in California varies greatly, depending on a number of circumstances. First, each attorney charges their own individual fee and pay structure. You will need to speak with them directly to know how their fees are structured. Secondly, the circumstances of your case will influence how much you have to pay. Generally, the more complex a case is, the higher the cost will be.

Contact Gibbons & Gibbons Today

If you have been accused of domestic violence, Gibbons & Gibbons can defend you in court. Contact us today for more information.