The family court of Irvine is charged with resolving many family-related legal matters like divorces, adoptions, and child custody disputes. Unfortunately, the court also handles many domestic violence cases each year, and thousands of people across the United States experience domestic violence in countless ways. The term “domestic violence” is quite broad in California law and can apply to any act of violence between members of the same family or household. If you believe you or a loved one recently suffered any form of domestic violence, it’s vital to know where to turn for help.
An experienced Irvine domestic violence attorney is an invaluable source of guidance and support after you have experienced domestic abuse of any kind. Unfortunately, some victims are afraid to seek help due to intimidation from their abusers, and others feel trapped by their circumstances. No one should endure domestic violence of any kind, and various legal mechanisms can protect you if you have the right attorney to help you take advantage of them.
The attorneys at Quinn & Dworakowski have years of professional legal experience in Orange County family law and have seen the effects of domestic violence firsthand in many past clients’ cases. It may feel like you won’t get past the trauma you’ve experienced, but our team can help you ensure accountability for your experience and protect you from further harm. The sooner you connect with an Irvine domestic violence attorney after your experience, the more likely they are to provide the legal counsel you need to recover as fully as possible.
Many offenses that qualify as standard criminal acts qualify as domestic violence, depending on the relationship between the parties involved. As an example, if someone assaults a stranger in a bar or on the street, this would be a simple assault. However, if someone commits an assault against a member of their family and/or household, this would be domestic assault and carry a harsher penalty.
Domestic violence can occur between spouses, current and former roommates, partners, or housemates, immediate family members, and extended family members. The parties involved do not necessarily need to be family members, nor do they necessarily need to be living together for an incident between them to qualify as domestic violence. Domestic violence can include physical violence, terrorization, psychological abuse, sexual assault, neglect, and forced isolation.
Whenever the police respond to a call regarding domestic violence, they are legally required to protect the alleged victim from further harm. Therefore, they will remove the alleged aggressor from the situation, and a temporary restraining order will be issued against them. The police may remove the aggressor from the situation and/or take them into custody, depending on the severity of the situation. The temporary restraining order will include a hearing date, and at this hearing, the judge may decide to turn the temporary order into a permanent protective order.
An incident of domestic violence can easily become a precursor to dissolving your marriage and/or child custody dispute. If you have experienced domestic violence from your spouse, then filing for divorce would be the natural response, and your spouse’s actions will weigh heavily in the court’s handling of your divorce. The same applies to a custody determination, regardless of whether it’s a standalone issue or part of a larger divorce case.
Quinn & Dworakowski can provide the comprehensive family law counsel you need after experiencing domestic violence. Depending on the severity of your abuser’s behavior, the state may file criminal charges against them, and you could be called to testify against them in criminal court and/or submit sworn statements for the criminal court’s consideration. Your Irvine domestic violence attorney will be an invaluable source of guidance as you seek the best possible resolution to your domestic violence case.
A restraining order is a legally enforceable document that stipulates strict rules for an individual in response to their misconduct. When a restraining order is issued in response to domestic violence, the defendant or subject of the order will be forbidden from certain actions. For example, they will not be permitted to contact the victim in any way, nor may they come close to their home, business, or physical person. In addition, most restraining orders will stipulate that the subject of the order must remain a certain distance away from the victim, the victim’s children, and other members of the victim’s household at all times.
Any restraining order violation is a serious issue for the family court, and the court penalizes intentional violations of protective orders very harshly. A willful violation of a protective order can easily lead to time in prison, heavy fines, and further penalties assigned at the discretion of the judges charged with overseeing these cases. It’s also possible for a restraining order to change over time, and the subject of the order may petition the court in the future for alterations or to regain lost visitation rights.
Ultimately, a restraining order could be an invaluable piece of legal protection, and the penalties for violating the order are severe. Your Irvine domestic violence attorney can advise you on how to address a suspected violation. They can also provide useful guidance when you are faced with multiple challenging case proceedings in response to the domestic violence you experienced.
The attorneys at Quinn & Dworakowski take time to learn as much as possible about each client’s experiences. We strive to provide fully individualized legal counsel in every case we accept, often helping our clients reach much better results than they initially expected. Whatever your domestic violence case entails, we will do everything we can to secure the legal protections you need as swiftly as possible.
A: The penalties for domestic violence offenses are typically enhanced versions of the penalties assigned for the standard versions of these offenses. For example, domestic battery carries a higher penalty than standard assault and battery. Incarceration is a common consequence of domestic violence convictions in Irvine, California. Misdemeanor-level offenders typically do their time in county jail, and those incarcerated for felonies go to state prison.
A: Unfortunately, some people involved in divorce cases and child custody disputes will levy false accusations of domestic violence to secure legal advantages in these cases. A wrongfully accused individual may have no idea how to prove their side of the story, especially if there is circumstantial evidence positioned against them or they were forced to act in self-defense with no witnesses who can confirm. If you are charged with domestic violence but did not commit the offense, you must immediately exercise your right to legal counsel and consult a defense attorney.
A: A restraining order or a protective order will prohibit the subject of the order from contacting the protected party, coming into close physical proximity to them, or coming near their home or workplace for a specified time. The restraining order will include strict terms and conditions, and any willful violations will lead to severe penalties. Most domestic violence cases begin with temporary orders that are later either rescinded or transformed into permanent protective orders.
A: Any parent could face involuntary termination of their parental rights if they commit any type of domestic violence, especially against a child. Family court judges handle all custody decisions in California, and a judge has a legal duty to always preserve the best interests of the children involved in a case they oversee. If a parent loses their parental rights through involuntary termination, especially in response to domestic violence, they are unlikely to ever regain them.
A: An experienced Irvine domestic violence attorney is an invaluable asset, no matter what your specific case entails. Your attorney can streamline every aspect of your domestic violence case, and when you choose the attorneys at Quinn & Dworakowski to represent you, we can handle all the related family court matters you will face in tandem with the proceedings of your domestic violence case. As a result, your attorney can significantly improve the chances of holding your abuser accountable and ensuring you secure an appropriate family court order that reflects your needs and the severity of your experience.
The attorneys at Quinn & Dworakowski have represented many past clients who have experienced all forms of domestic violence. We know how traumatic and damaging these incidents can be and the uncertainty you’re likely to face as you confront the legal proceedings that may lie ahead of you. However, with the right legal team on your side, you will be far more likely to reach the best possible outcome for your domestic violence case. To discuss your case with an Irvine domestic violence attorney you can trust, contact us today and schedule a consultation with our team.
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