The Sensitive Nature Of Domestic Violence Charges
Victims of domestic abuse are often afraid to report domestic abuse and frequently refuse to testify at trial out of fear of retribution. Like sex offenses, domestic violence charges carry a stigma that can follow you for years, even if you are found innocent. At the Fazeli Law Group, we understand the complexity and sensitive nature of these cases. We approach all domestic violence cases with a high level of compassion and personal attention.
The Legal Side Of Domestic Violence Charges
Domestic violence is a criminal charge, not a civil charge. This means that it is the state that acts as prosecutor, not a lawyer representing the accuser. Because victims of domestic violence are often taken advantage of or intimidated by their abuser, domestic violence charges are rarely dismissed if the accuser asks to drop the charges. Domestic violence charges can be filed against family members, spouses or former spouses, or couples who are living together, dating or who have broken up.
A partial list of actions that can be the basis for domestic violence charges include:
- Physical assault
- Sexual assault
- False imprisonment
- Emotional abuse
- Forced isolation
The penalties for domestic violence range from a misdemeanor to felony charges with years in prison depending upon the degree of injury, whether the accused has prior convictions and if a weapon was involved.
The Basics Of Domestic Violence Restraining Orders
Domestic violence restraining orders are issued through family court. Restraining orders are not restricted to someone you are in a relationship with. They can be filed against a family member or a romantic partner, but also a household member or anyone who threatens your safety.
Restraining orders provide a list of actions that are restricted for the restrained person. In California, restraining orders include “stay away” orders and/or “move out” orders. Move out orders are exactly what they sound like – an order requiring the restrained person to move out immediately. The law does not allow for any kind of exception or delay on this order regardless of whether the restrained person has somewhere to go.
Preventing Harassment With Stay Away Orders
Stay away orders list places where the restricted person is not allowed to go. This includes the home and workplace of the person who filed the order as well as places where the two parties are likely to run into each other. Any violation of these orders may result in the arrest of the restrained person. This includes social media as well. Online harassment is treated as a form of stalking and is taken very seriously by law enforcement.
At Fazeli Law Group, we represent people who want to file a restraining order as well as those who have had a restraining order filed against them. Our experience helping people on both sides of this issue gives us great insights into both the legal and emotional aspects of dealing with restraining orders. We strive to shepherd people through dealing with restraining orders with a minimum of stress and conflict
Contact The Fazeli Law Group Today
If you have been charged with domestic violence, contact the Fazeli Law Group to set up an initial consultation by calling 949-836-5000 or filling out our online contact form. The initial consultation is free and confidential.