Guiding California Residents Through Challenging Legal Issues
Domestic violence is a significant issue that deserves serious attention from our community and political leaders. Ideally, no one should use violence or threats to victimize those closest to them. However, many cases of domestic violence rarely involve clear-cut circumstances where there is a black-and-white distinction between “abuser” and “victim.”
If you are involved in a criminal matter arising from allegations or instances of domestic violence, you should consult a Riverside County domestic violence attorney about the merits of your case right away. Domestic violence defense attorney H. Charles Gorian appreciates the negative impact that allegations of abuse can have on a person’s legal rights and personal life. Chuck Gorian will work tenaciously to find a defense strategy that will protect your rights and promote justice.
To learn more about how you can benefit from the services of our attorney and legal team, contact The Law Office of H. Charles Gorian at (951) 395-0511.
Domestic Violence Under California Law
Under California law, acts of domestic violence are categorized as criminal offenses that warrant varying degrees of punishment. The California Penal Code and the California Family Code are both authoritative sources that address the issue of domestic violence.
California law broadly defines domestic violence to include a wide range of offenses, including:
- Threats of violence
- Acts of violence against persons or property
- Sexual abuse
- Psychological abuse
Unfortunately, many cases regarding domestic violence involve situations where both parties have occupied both the role of aggressor and victim. Sometimes, these relationships are publicized merely as daytime talk-show entertainment for shock value. Tragically, the complete picture of those relationships would likely shock most people in a not-so entertaining way.
Domestic Violence Protection Orders
California law provides a special legal tool for combating domestic violence. Victims and witnesses may ask for a domestic violence protection order that restricts an aggressor’s ability to contact a victim. These orders are backed by the full force of law. As a result, violation of such orders can lead to dire legal consequences.
Also known as a “restraining order,” domestic violence protection orders may limit a person in the following ways:
- No contact: A restraining order can prohibit a person from having contact with a victim or purported victim. This includes physical contact as well as telephone and digital communication.
- Exclusion from residence: Domestic violence protection orders may prohibit a person from going to their home. This may apply to situations where the alleged victim lives at the defendant’s home while caring for their children.
- Violation of a protection order: If a person fails to comply with the terms of a restraining order, it may constitute a punishable offense in and of itself. A person may face jail time for contempt of court as a consequence of willfully violating the order. Significantly, a person who unwittingly violates such an order may face criminal ramifications as well.
- Subsequent violations: Repeat violations of a protection order can have a significant impact on their rights. In addition to being the basis for an independent criminal conviction, multiple violations of a domestic violence protection order can lead to adverse legal consequences in a related family law dispute or even enhanced penalties for an underlying domestic violence charge.
In emergency situations, where the threat of harm to a victim is imminent, a court can issue an “ex parte” protection order. This lets a court issue a temporary restraining order without holding a hearing where the alleged abuser can defend themselves. California courts have held that the risk of future violence and abuse outweighs the defendant’s normal constitutional protections.
You Deserve a Zealous Domestic Violence Defense Attorney in Riverside County
Tragically, violence is often a vicious cycle perpetuated by equally aggressive acts. In some cases, a person tries to endure their abuse, only to explode in a mindless act of desperate self-defense. In other cases, the abuser and victim regularly rotate the roles of victim and victimizer. What most don’t understand is that there is almost always a larger story to tell. To help tell your story, you should seek the services a professional domestic violence attorney at The Law Office of H. Charles Gorian. With an office conveniently located in Murrieta, we are standing by to protect your rights and legal interests.
If you want to discuss the details of your case, please call to speak to our domestic violence defense attorney at (951) 395-0511 or complete our online consultation request form.