Over the years, California has continued to update its laws regarding domestic violence in an effort to impose harsher punishments on abusers and establish greater protections for victims. Nevertheless, domestic violence continues to plague families throughout the state. If you’ve been accused of domestic violence, it is important that you speak with a California domestic violence attorney as soon as possible.
An experienced domestic violence attorney, like those at Najera Law Group, P.C., can protect your rights and advocate for your defense throughout a process that can be both legally and emotionally challenging. If you’re facing domestic violence charges, reach out today.
Domestic violence can potentially refer to a range of abusive behaviors. These can be physical, emotional, verbal, psychological, economic, or sexual in nature. Any abuse that happens between family members, spouses, current or former intimate partners, roommates, or dating partners can be considered domestic violence. These behaviors include, but are not limited to:
Domestic violence cases can be prosecuted as either a misdemeanor or a felony, depending on the nature of the behavior and the severity of the charge.
In addition to fines, jail time, and probation, there are additional penalties that those who are convicted of domestic violence incur. Often, individuals with domestic violence convictions lose access to certain rights or freedoms or have certain obligations imposed. These may include:
Being convicted of domestic violence can carry heavy consequences that have both short- and long-term effects on a person’s personal, professional, and social life. For these reasons, it is imperative that you work with a qualified and experienced domestic violence attorney if you are facing charges of any kind.
A: In California, the statute of limitations on domestic violence is five years. This gives victims five years from the time that the violence occurred to bring a case against their alleged abuser. The law used to allow only one to three years, but recent changes have extended the timeframe to five years to allow victims the time to come forward. Because domestic violence is often a hidden crime, victims may hesitate to act until much later.
A: Domestic violence cases can vary greatly in both severity and circumstances. These can have an impact on the average sentence for convictions. Generally, convictions will lead to between 1 and 4 years of prison time. Misdemeanor domestic violence cases only carry up to a year in jail, while felony convictions carry harsher penalties. In most counties, the minimum jail time for a domestic abuse charge is 30 days.
A: The 2023 California Family Rights Act expanded protection for families as it related to employment and leave-from-work rights. This included protection for victims of domestic violence as well.
Employers must keep victim information confidential and provide reasonable accommodations at work, such as adjusting schedules or transferring employees as needed. Victims are legally allowed time off to seek protection and treatment. Victims are also protected against retaliation by employers for exercising these rights.
A: Every domestic violence case is unique and can vary in duration based on the surrounding circumstances. Generally, they can last from a few months to over a year. The average length for a domestic violence case that goes to trial is about 9 months. The complexity of the case, the court’s schedule, and the availability of the witnesses to the case can all impact the length of time a case can take.
Najera Law Group, P.C., has been handling family law cases throughout Southern California, defending those unfairly accused of committing domestic violence and helping hold false accusers accountable. If you are facing charges, contact our office today for a consultation, and get the help you deserve.