Orange County Domestic Violence Lawyer

Orange County Domestic Violence Attorney

Domestic violence is a grave issue, regardless of where a person stands on the offense. These events still occur, however, and alter the lives of everyone involved. An Orange County domestic violence lawyer can advise you on the next steps if you are ever in a domestic violence situation.

Why Choose Us?

If you are involved in a domestic violence case, The Law Offices of Ronda A. Middleton can help you. We know that this process can be difficult, and we can help fight for your rights. Our compassionate law firm represents both victims and defendants of domestic violence. We can help build you a strong defense or assist you in seeking safety, such as filing a protection order. Our legal team is dedicated to ensuring the greatest possible outcome for your domestic violence case.

Domestic Violence in California

In California, domestic violence includes various abusive behaviors toward family members and intimate partners. “Intimate partner” is defined as current or past spouses, domestic partners, fiancés, live-in partners, or anyone with whom the accused shares a child. In California, other family members, like children, brothers, grandparents, and other extended family members, can also be victims of domestic violence. Some examples of domestic violence include:

• Physical abuse, such as punching, slapping, hitting, choking, shoving, or hitting with an object
• Emotional abuse, such as humiliation, threatening language, isolation, and manipulation
• Sexual abuse, such as rape, coercion, or pressuring someone into sexual activities they don’t want to do
• Financial abuse, such as preventing someone from accessing finances or accumulating debts in their name
• Stalking or harassing, such as following a person or intimidating them or their loved ones
• Violating a protective order

Knowing Your Rights

Being accused of domestic violence can have a drastic effect on a person’s life, leaving them feeling overwhelmed. This can negatively affect their freedom, relationships, career, and overall reputation, even if they are not yet convicted. However, even if a person is charged with domestic violence, they still have rights that must be legally upheld. Some of these rights include:

• The right to a fair and speedy trial
• The right to legal representation
• The right to remain silent
• The right to be presumed innocent until proven guilty
• The right to due process

If you are a victim of domestic violence, your safety is of the utmost importance. An attorney can help you get the security you need as soon as possible, including getting a restraining order and pressing charges against your attacker. This process can be emotionally and legally intimidating. An Orange County family law attorney can help you understand your options and prepare you for the legal process.

Domestic Violence Penalties in California

In California, domestic violence is a serious matter. If a person is convicted, they can face several penalties, including fines and jail time. When you are charged with domestic violence, it may be either a misdemeanor or a felony, depending on the circumstances of the situation. Some penalties include:

• Fines up to $10,000
• Up to five years in state prison
• Lost custody of children
• Losing professional licenses
• Losing the right to own firearms
• Participation in anger management programs
• Participation in rehabilitation programs

Evidence Used in Domestic Violence Cases

When making a domestic violence claim, evidence is crucial in making a successful case. There are a number of different avenues that will be considered as evidence when making a case. Some of these include:

• 911 calls. Recordings of these calls can provide important information about what happened.
• Photographs. Pictures of wounds, damaged property, or weapons discovered at the scene can be used to back up abuse claims.
• Statements from witnesses. People who saw or heard the abuse may be able to testify in the prosecution’s case.
• Medical reports. Medical professionals can provide insight into injuries and how they happened.
• Accusations made by the defendant. Any comments or admissions made by the defendant can be used in court.

How Domestic Violence Affects Family Law Matters

Family law matters, such as divorce and child custody, can be significantly impacted by domestic violence accusations. If children are involved, the child’s best interest is the top priority of the courts. Therefore, if one parent has a history of domestic violence, they may be denied custody. They may be granted visitation but may be required to be supervised to ensure the child’s safety.

If there is a restraining order or protective order in place, this could mean one parent has limited interaction with their children.

In addition, if domestic violence has limited one spouse’s financial abilities, this can impact decisions regarding asset division and spousal support in a divorce.

An attorney can assist you in understanding how domestic violence history affects family law matters should you have these concerns.

What To Do If You’re Involved in a Domestic Violence Case

As soon as a domestic violence situation arises, your first step should be in protecting yourself and knowing your legal options. Every step can have a big effect on your future, whether you are the victim looking for safety or the accused protecting your rights.

For victims, the most important thing is that you remain safe. Retreat from your attacker and find a safe space. You may ask for help from friends, family, or a domestic violence shelter. To report the abuse, contact law enforcement and seek medical attention if you are seriously hurt.

Getting a restraining order can give you additional legal protections by keeping the abuser away from you and anyone who depends on you, such as your children. Getting in touch with a domestic abuse lawyer can help you get through the legal process, which can involve the penalties for the abuse, decisions on property division, and protection for yourself and your children.

Those accused of domestic violence should be informed of the seriousness of the accusations against them. This can lead to criminal convictions, restraining orders, and limitations on child custody. Those charged should speak with an attorney as soon as possible to understand the charges against them, the possible penalties, and the most effective defenses for their case.

In either case, getting legal help right away can help protect your rights and safety, making it easier to move forward during this tough time.

Why You Need a Domestic Violence Lawyer

It can be difficult to handle a domestic violence case without a lawyer. California’s rules on domestic violence are complicated, and both victims and defendants of domestic violence need professional help to assist in the legal process. A skilled domestic violence lawyer in Orange County can help you whether you need to be protected from an abuser or defend yourself against false accusations.

The legal team at The Law Offices of Ronda A. Middleton is ready to help you quickly and with care. We know that this can be one of the hardest times in your life, and our goal is to help you feel safe, understood, and supported.

FAQs

How Long Do Most Domestic Violence Cases Last?

In California, domestic violence cases can last a short period to an extended period of time based on how complicated the case is, how much evidence is available, and the court’s schedule. Cases with major charges or complex disagreements may take longer, especially if they go to trial. Some cases can settle quicker if a plea deal is reached.

How Do I Get a Domestic Violence Case Dismissed in California?

In California, the defense must show a lack of probable cause, procedural errors, or inadequate evidence in order to have a domestic violence case dismissed. It can be beneficial to compile solid evidence, provide witness accounts, or point out contradictions in the accuser’s account. Because they can negotiate with the prosecution and spot flaws in the case, working with an experienced lawyer raises the likelihood of dismissal.

How Much Jail Time for Domestic Violence in California?

In California, jail terms for domestic violence vary depending on the severity of the accusation. A misdemeanor conviction can result in up to one year in county jail, and a felony can result in up to four years in state prison. Aggravating elements, such as prior convictions or serious injuries, can increase jail sentences, with some cases reaching five years or more under California sentencing regulations.

What Happens in a Domestic Violence Case in California?

Following an investigation by law enforcement, the accused in a domestic abuse case in California may be legally charged at arraignment. Pretrial procedures are held to examine the evidence and engage in negotiations, and the court may provide a protection order. Both sides provide evidence and testimony during the trial if the matter is not resolved. Penalties such as jail time, fines, probation, or required rehabilitation may follow a conviction.

Contact The Law Offices of Ronda A. Middleton Today

If you have been involved in a domestic violence case, The Law Offices of Ronda A. Middleton can help you in the legal process. Contact us today to get started.