Temecula Domestic Violence Lawyer
Domestic violence is a label that covers various crimes that are committed against family or household members, intimate partners, or dating partners. Because of the element of violence or the threat of violence, courts take these cases very seriously. You can be charged with a domestic violence crime without ever having caused any type of injury or pain to the alleged victim. You can also suffer harsh consequences before your case has even been resolved if the alleged victim obtains a restraining order against you.
Unfortunately, many domestic violence cases are based on false, exaggerated, or misleading statements by alleged victims. Whether this is the case or not, those accused of domestic violence have a right to defend themselves with experienced and aggressive legal representation. At DeLimon Law, you can turn to a criminal defense lawyer you can trust to protect your rights and preserve your freedom and future. As a former Riverside prosecutor, Mr. DeLimon understands what you are up against and how to challenge charges that could result in serious consequences.
What People Are Involved in California Domestic Violence Crimes?
These are crimes involving:
- Spouses and ex-spouses
- Individuals living together or who have formerly lived together
- Individuals who are the parents of a child, regardless of marital status
- Current and former Intimate/dating partners and fiancés
In some domestic violence cases, alleged victims can include parents, children, and those related by blood or marriage. Common domestic violence crimes include domestic battery and corporal injury to a spouse or cohabitant.
What Is the Difference Between Domestic Battery & Corporal Injury to a Spouse or Cohabitant?
A domestic battery consists of willfully touching the alleged victim and using force or violence. You can be charged with this even if the contact did not cause pain or injury. It is charged as a misdemeanor carrying penalties of up to a year in jail and/or a fine of up to $2,000.
Corporal injury to a spouse or cohabitant is a more serious charge because it results in physical injury. It may be charged as either a misdemeanor or a felony. Felony charges for this crime carry penalties of two, three, or four years of prison time and fines of up to $6,000. Penalties can be made harsher if you inflicted “great bodily harm” on the victim.
Additional penalties in domestic violence cases can include mandatory participation in a batterer’s program, removal of your gun rights, and restitution to the victim for any related expenses.
What Is a Domestic Violence Restraining Order?
These are orders issued by the court to protect alleged victims from further violence or threat of violence. They can be issued on an emergency basis or a more permanent basis after a court hearing is held, in which both sides can present their evidence. Permanent restraining orders can be put into effect for up to five years by judges. If the judge does not provide a termination date, they generally stay in effect for three years.
These orders establish the following rules and restrictions for the person named as the aggressor:
- Bar them from any type of abuse, threat, stalking, or property destruction of the alleged victim
- Bar them from going within a certain distance of the alleged victim
- Bar them from making any type of contact with the alleged victim
- Force them to vacate a home shared with the alleged victim
- Order them to pay child support and/or spousal support to the alleged victim
- Temporarily remove child custody and visitation rights
- Order them to pay for the alleged victim’s attorney fees
- Make any other conditions or restrictions the court deems necessary
Let DeLimon Law Fight for You
Domestic violence convictions can lead to serious consequences that can deeply impact your life. Put a fierce legal advocate in your corner who will fight for your reputation, your freedom, and your future. Reach out to us today to get the professional guidance and representation you need at this critical time.
Schedule a free case evaluation with our Temecula domestic violence attorney. Connect with DeLimon Law via our online contact form or by calling us at (951) 382-5559. Hablamos español.
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