Lake Elsinore Domestic Violence Lawyer

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Domestic Violence

Lake Elsinore Domestic Violence Attorney

Many people are unfortunately affected by domestic violence every day. The court has to use its judgment to determine the facts of the case. It can be difficult to present evidence that proves domestic violence occurred in the way someone says it did. Unfortunately, many residents of California suffer the effects of domestic violence. A Lake Elsinore domestic violence lawyer can help you if you’ve been involved in a domestic violence situation.

What Is Considered Domestic Violence?

In California, domestic violence is defined as an act of actual or threatened abuse towards an intimate partner. The partner can be current or past. Intimate partners include cohabitants, current spouses, ex-spouses, current or past dating partners, or the other parent of the partner’s child.

Common types of domestic violence include domestic battery, inflicting bodily harm, sexual abuse, stalking, and false imprisonment.

Domestic Battery and Inflicting Bodily Injury

The most well-known types of domestic violence are domestic battery and inflicting bodily injury. Domestic battery involves using force to harm the other person. Legally, this does not mean that the victim suffered physical pain. For example, an unwelcome or inappropriate touch can be considered domestic battery.

Inflicting bodily (corporal) injury involves the act of using force to physically assault someone, which results in a physical injury. By law, the victim must have suffered “a traumatic condition.” Some examples of inflicting bodily injury that can result in injury include:

  • Hitting
  • Slapping
  • Punching
  • Kicking
  • Strangulation
  • Throwing objects at a person
  • Using a weapon to inflict harm, such as a gun, bat, or knife
  • Hair-pulling
  • Biting

There are forms of physical abuse that may not involve the immediate physical impact of one person on another but puts their body in harm’s way. These instances are still considered domestic violence. Some examples of these would be:

  • Punching holes in the wall
  • Driving recklessly with the intention of scaring a partner
  • Forcing a partner to leave a home
  • Abandoning a partner in a dangerous place
  • Abusing a partner’s children
  • Does not allow a partner to call the police
  • Does not allow a partner to seek medical care

Other Forms of Domestic Violence

Domestic violence covers more than the physical violence inflicted upon a partner. A person can be charged with domestic violence in other situations, too.

  • Sexual Abuse: Sexual abuse happens when someone forces a partner to engage in sexual activity without the partner’s consent. Some examples of this include holding a partner down during sex, using violence during sex, demanding sex, or forcing the partner to engage in sexual activity with others.
  • Stalking: Stalking is when a partner follows or harasses a partner to the extent that the partner believes their safety is in danger. The contact by the offender is usually for no other purpose but to terrorize the partner. Stalking can include endless phone calls, following a partner home or to work, or sending a partner unwanted items.
  • False Imprisonment: False imprisonment is defined by California law as restricting or forbidding someone from exercising their personal liberties. Examples include holding someone against their will or not allowing them to leave their home.

Penalties for Domestic Violence Charges

The penalty for a domestic violence case in Lake Elsinore depends on a number of factors, such as whether the defendant is a repeat offender, the level of abuse, the amount of damage inflicted, and whether or not the abuse is classified as a misdemeanor or a felony. Generally, penalties will range in the following categories:

  • Arrest/Time in jail
  • Fines
  • Required participation in a batterer’s treatment program
  • Forbidden contact with partner (restraining order or protective orders)
  • Firearm restrictions
  • Relinquishing of firearms
  • Probation

Do I Need a Domestic Violence Lawyer?

In California, as well as across the nation, domestic violence claims have been taken more seriously than they have in the past. It is believed that domestic violence cases are solely the result of intense physical beatings. However, many cases are a result of mutual combat. There are also a number of cases that occur because of alcohol, intense emotions, and wild tempers.

In these cases, when the police are called, it is almost always the case that at least one party will be arrested. In cases like these, it can be difficult to defend yourself without the help of an experienced family lawyer in Lake Elsinore. A domestic violence attorney can help you understand your rights and protect your interests.

FAQs for Domestic Violence Attorneys

Q: What Is the VAWA Law in California?

A: The VAWA law is the Violence Against Women Act. This law protects women who are victims of domestic violence from discrimination when seeking housing through federal assistance due to the violence committed against them. This law in California requires tenants to provide changes of locks and lease terminations for women in these situations.

Q: Can a Domestic Violence Case Be Dismissed in California?

A: A domestic violence case can be dropped in California for several reasons. A prosecutor can drop a case because an alleged victim can recant their statement by either refusing to testify or taking back their accusation. They can also decide to drop a case if they do not have enough evidence. Prosecutors are the only ones who have the authority to drop or dismiss a domestic violence case.

Q: Which Behaviors Toward a Spouse Are Illegal in the State of California?

A: In California, it is illegal to threaten a spouse or to inflict physical harm to them. California also deems it illegal to touch a spouse aggressively, even if it doesn’t result in physical injury. Mental or emotional abuse to a spouse may be illegal, depending on the circumstances. If a spouse acted in self-defense, they are likely not to be charged.

Q: How Do Domestic Violence Cases Work in California?

A: Each year, there are thousands of domestic violence cases in California. Most of them are handled in criminal court. A percentage of others are handled in family court and juvenile court. There are a few cases that do not go to court for a number of reasons. However, a prosecutor is the only one who has the ability to file or dismiss a domestic violence claim.

Contact a Lake Elsinore Domestic Violence Lawyer Today

If you have been accused or charged with domestic violence, a lawyer at Najera Law Group, APC, can help you. Contact us today for your next steps.