Temecula Domestic Violence Attorney
Being the victim of domestic violence is a nightmare scenario that no one wants to imagine. Unfortunately, it’s an all-too-common occurrence in California that extends across the United States. Situations in the home become tense and result in physical or emotional abuse that can leave long-lasting scars. Victims of domestic violence often are in denial of the actual severity of their situation and the abuse. They may feel like they are to blame or can’t do anything to change things. This is where a Temecula domestic violence attorney can help.
Proudly Representing Domestic Violence Cases in Temecula, California
The Law Offices of Schwartz & Godbey are a team of Temecula domestic violence attorneys who are passionate about helping domestic violence victims reach safety and attain justice. We understand the unique challenges that victims of domestic violence face, and we are here to help you through every step of your case. We will work tirelessly to protect your rights and ensure you are on a new path towards safety and healing. Do not let another day pass feeling scared, alone, or helpless. Contact our Temecula domestic violence attorneys today to begin building your case.
What Is Domestic Violence?
California law takes any time of domestic abuse very seriously – both from a legal standpoint and when it comes to civil negotiations. Domestic violence can take five different forms, including:
- Physical abuse: Hitting, kicking, choking, hair pulling, or any other type of physical force used against a victim
- Sexual abuse: Forcing someone to engage in a sex act or any other non-consensual sexual contact
- Psychological and emotional abuse: Causing fear through intimidation, threats, stalking, or mind games
- Economic abuse: Controlling a victim’s finances or limiting their access to money that prevents them from fleeing or obtaining necessary resources
- Digital abuse: Using technology, such as social media, to track, harass, or intimidate a victim
Many people assume domestic violence only falls under the physical harm category. However, all five forms are considered domestic violence under California law. If you have experienced any of the above, do not hesitate to reach out to our Temecula domestic violence attorneys.
What Evidence is Necessary to Prove Domestic Violence Abuse?
Testimony alone, while important, may not be enough to prove that domestic violence occurred. Our Temecula domestic violence attorneys will work with you to gather evidence that corroborates your story and strengthens your case. This may include:
- Photos or videos of injuries sustained from an assault or violent act
- Witness statements from neighbors, friends, or family members
- Doctor or hospital records detailing injuries
- Police reports
- Restraining orders
- Text messages, social media posts, or emails that contain threatening language
Many times, people feel that they lack evidence or that the abuse isn’t bad enough to warrant legal action. This can keep people in a dangerous cycle of abuse that can escalate over time. Do not let the fear of not having evidence stop you from seeking the help you need. There are always ways to gather evidence, even if it seems daunting. Our Temecula domestic violence attorneys will work with you every step of the way to make sure you have the strongest case possible.
What are the Possible Consequences of a Domestic Violence Conviction?
A domestic violence conviction can have serious consequences for the abuser. These may include:
- Jail time
- Restraining orders
- Community service
- Loss of child custody or visitation rights
- Loss of firearms
- Charged with a felony that will remain on record, possibly including battery charges
The severity of the punishment will depend on the severity of the abuse and any prior convictions the abuser may have. These factors will all be assessed and used to determine the appropriate sentence.
In addition to the legal consequences, a domestic violence conviction will also appear on the abuser’s criminal record. This can make it difficult for them to find a job, rent an apartment, or be approved for a loan. A domestic violence conviction can also negatively impact their relationships with friends and family.
What Can I Do if I am a Victim of Domestic Violence Abuse?
If you are a victim of domestic violence, there are several steps you can take to protect yourself and get the help you need.
- First, reach out to a friend or family member for support. It is important to have someone you can talk to about what is happening and who will be there for you.
- Second, call the National Domestic Violence Hotline at 1-800-799-7233. They can provide you with resources and help you create a safety plan..
- Third, call the police if you are in immediate danger. They can help remove the abuser from the home and make sure you are safe..
- Fourth, contact a Temecula domestic violence attorney. They can help you file for a restraining order and get the legal protection you need.
It is important to remember that you are not alone. There are people who care about you and want to help. You deserve to be safe, and you have the right to get the help you need.
What Help Does a Domestic Violence Attorney Provide?
A domestic violence attorney can provide many different services to help you through this difficult time. They can:
- Answer your questions and clarify your rights: You may have many questions about the legal process and what will happen next. Having the peace of mind of knowing your rights can be incredibly helpful during each step of this legal process.
- Gather crucial evidence to support your case: Photos, videos, witness statements, and other types of evidence can be crucial in domestic violence cases. Your attorney will work with you to gather this evidence and strengthen your case.
- Represent you in court: Domestic violence attorneys know the ins and outs of domestic violence law. They will represent you in court and make sure your voice is heard and support you throughout the entire legal process.
- Negotiate with the prosecutor on your behalf: In court, the criminal defense lawyer for the defendant will try to reduce the charges or have them dropped altogether. Your domestic violence attorney will work with the prosecutor to make sure they are taking your case seriously and that the punishment warrants the abuse.
- Handle all legal paperwork: There will be a lot of paperwork involved in your case. Your attorney will handle all of this for you and ensure everything is submitted on time so that you can focus on your recovery.
A domestic violence attorney will be your advocate every step of the way, ensuring that you are never confused during the legal proceedings.
What Is a DV Restraining Order? What Is Its Value?
A domestic violence restraining order is a legal order issued by a court that prohibits an abuser from contacting or coming near the victim. It can also order the abuser to move out of the home, stay away from the victim’s work or school, and not possess any firearms.
Restraining orders are an important tool in protecting victims of domestic violence. They provide a physical and legal barrier between the victim and abuser, and they send a clear message that the abuse will not be tolerated. Restraining orders can also give victims the time and space they need to heal from the abuse and plan for their safety.
People opt to enforce a restraining order for many reasons, including:
- The abuser violated a previous restraining order
- The abuser has a history of similar domestic violence
- The abuser has threatened to hurt or kill the victim
- The abuser has threatened to hurt or kill the victim’s family or friends
- The abuser has threatened to take the victim’s child away
- The abuser has tried to control the victim through intimidation, manipulation, or force
- The abuser has tried to control the victim’s finances
- The abuser has damaged the victim’s property
- The abuser has stalked the victim
If you are in a situation where you feel unsafe or threatened, it is important to reach out for help.Restraining orders can offer a step towards safety and healing.
Tips for Filing for a Restraining Order
There are a few expert tips you should keep in mind when filing for a restraining order:
- Be as specific as possible: Include as many details as you can about the abuse, including when it happened, where it happened, and what kind of abuse occurred.
- Have evidence ready: This could include photos of injuries, videos of abuse, witness statements, medical records, or any other documentation.
- Talk to an attorney: Domestic violence attorneys are familiar with the law and can help you file for a restraining order and represent you in court.
If possible, have an emergency plan in place: This could include a safe place to stay, someone to call for help, and an escape route.
Filing for a restraining order can be a daunting process, but with the help of an attorney, you can feel safe and protected from your abuser.
Contact Our Domestic Violence Attorneys Today
If you or someone you know is a victim of domestic violence, contact The Law Offices of Schwartz & Godbey today. Our team of domestic violence lawyers has the experience and knowledge to help you through this difficult time. We will work with you to help ensure your abuser is held accountable and that you are safe and protected. Contact us today to discuss our strategy for your case.