Los Angeles Domestic Violence Attorney

Domestic violence is widespread issue impacting individuals across all demographics and communities within Los Angeles, throughout California, and nationwide. The repercussions of domestic violence severely impact a family’s well-being, and significantly influence the outcome of a divorce case.

Domestic violence profoundly alters the landscape of family law cases by introducing complex emotional, legal, and safety considerations that must be addressed. When allegations or evidence of domestic violence arise, courts must prioritize the protection of victims, which can influence decisions related to child custody, visitation rights, and spousal support. This often necessitates the issuance of restraining orders and can lead to the need for supervised visitation or the termination of parental rights.  

Additionally, domestic violence complicates the divorce process, potentially impacting the division of assets and the overall dynamics between the parties involved. Our Los Angeles  County domestic violence attorneys help our clients successfully navigate these sensitive issues with a heightened focus on ensuring the safety and well-being of the victims while upholding the principles of justice and fairness.

If you need guidance and compassionate legal counsel to see you through an abusive divorce,  custody, or protective order matter in Los Angeles or if you were falsely accused of domestic violence, the Los Angeles domestic violence attorneys at Fernandez Law Group want to help.  

At Fernandez Law Group, our domestic violence attorneys are:

• Knowledgeable in all areas of domestic abuse law.
• Skilled and successful in domestic violence hearings and trial litigation.
• Aggressive and determined when asserting our clients’ legal rights to their safety,  property, and children.

Domestic violence cases require immediate action due to the urgent need to protect victims from ongoing harm and potential escalation of violence. Immediate intervention can prevent serious physical injuries, psychological trauma, and even fatalities. Prompt action also ensures that victims receive necessary legal protections, which can provide a crucial buffer against further abuse.  

Call the Los Angeles domestic violence lawyers at Fernandez Law Group for help today.

Partner with Skilled Los Angeles, CA Domestic Violence Attorneys  Who Can Help

At Fernandez Law Group, our domestic abuse attorneys will work tirelessly to build and present your case in Los Angeles. We want a positive outcome for you and your loved ones, whether you are asserting or defending a domestic violence charge.  

The domestic violence attorneys at Fernandez Law Group will also:

• Ensure you understand California’s domestic violence laws and how they apply to your circumstances.
• Answer your questions promptly and keep you updated as your case progresses. • Stand beside you throughout your entire legal case.
• Connect you with required resources in the community, such as counseling services and victim outreach.
• Offer honest, practical legal advice throughout your case.

Contact Fernandez Law Group to schedule a confidential consultation about your case. Our Los Angeles family law lawyers will listen to you and inform you about the best legal steps.

What is Domestic Violence in California?

Domestic violence in California is abuse committed against an intimate partner. Abuse is defined as the intentional or reckless use or threat of physical force against an intimate partner. 

Who Can be a Victim of Domestic Violence in California?

California domestic violence applies to any intimate partner.  

An intimate partner may be any of the following: 

• A current or former spouse
• A current or former registered domestic partner
• A current or former fiancé(e)
• A current or former live-in romantic partner
• A person with whom the accused has, or has had, a child
• Someone the accused is seriously dating or was in a dating relationship with.

OR in custody disputes one of the following:

• The defendant’s child.

• Any other person related to the defendant by consanguinity (blood) or affinity (marriage)  within the second degree, including:

  • Brothers and sisters
  • Half-brothers and half-sisters
  • Step-brothers and step-sisters
  • Grandparents
  • Grandchildren
  • Aunts and uncles
  • Nephews and nieces

If you or someone you love has their life impacted by domestic violence or has been wrongly accused of perpetrating domestic violence, contact our skilled family law attorneys in Los Angeles today to learn how we can help outline your crucial legal matters quickly and effectively so you have immediate access to the legal help you need.  

What Protection Does the California Domestic Violence Prevention  Act Provide?

According to California’s Domestic Violence Prevention Act (DVPA), domestic violence charges cover a wide range of abuse, including spousal abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under California’s domestic violence laws.

Examples of domestic violence abuse may include:

• Threats.
• Intimidation.
• Annoying Phone Calls.
• Stalking (following the victim to and from work and threatening the victim). • Physical Assault or abuse (hitting, slapping, pushing, shoving, or kicking). • Verbal, social, and sexual abuse.

Under the DVPA, individuals can seek restraining orders against their abusers, which can include orders to prevent further abuse, harassment, threats, and stalking. These restraining orders can also mandate the abuser to move out of a shared residence, stay away from the victim’s home, workplace, and children’s schools, and have no contact with the victim or their children.

Additionally, the DVPA allows for custody and visitation orders that prioritize the safety of the children and the victim, often resulting in supervised visitation or denial of visitation rights for the abuser. The act also enables the court to order temporary child and spousal support, payment of attorney’s fees, and restitution for medical expenses or property damage caused by the abuse.  

By providing these protections, the DVPA aims to ensure the immediate and long-term safety and well-being of domestic violence victims and their families. Our skilled Los Angeles domestic violence attorneys can help you understand your complete legal rights and options under DVPA to ensure you get the complete help you need without delay. Contact us today to  learn more.  

What is a California Domestic Violence Restraining Order?

A domestic violence restraining order is a court order issued in a domestic violence case. It demands that the defendant refrain from harming, threatening, or harassing the protected person. Any order violation can lead to criminal charges such as a misdemeanor and up to one year in county jail.

The restraining order provisions vary; however, all orders prevent the defendant from contacting the protected person.

“Contact” may include:

• Personal contact.
• Phone calls.
• Text messages and e-mails.
• Any surveillance.
• Interaction on social networking sites.

An order may also require the defendant:

• Surrender possession of a gun.
• Pay child support.
• Pay spousal or partner support.
• Pay specific bills.
• Not make any changes to insurance policies.
• Release or return particular property.
• Complete a 52-week batterer intervention program.

Domestic violence restraining orders may:

• Limit where a defendant can go.
• Require moving out of the marital home.
• Limit interaction with a defendant’s children.
• Affect a defendant’s immigration status.

Our dedicated Los Angeles domestic violence attorneys help clients complete and file the required paperwork accurately and within the deadlines, ensuring no critical steps are missed.  During court hearings, we represent our client’s interests, advocating for the issuance of the restraining order and addressing any defenses raised by the abuser.

What Proof is Required for a Domestic Violence Restraining Order in  California

The intimate partner seeking a domestic violence restraining order does not have to show they suffered bodily harm.  

Instead, they need to prove the following:

1. Someone has abused or threatened to abuse them or their minor child.
2. The alleged abuser is an intimate partner or a first- or second-degree relative.

Our experienced Los Angeles family law attorneys play a crucial role in helping clients obtain and enforce restraining orders by guiding them through the complex legal process with skill and sensitivity. We assist clients in gathering and presenting the necessary evidence of abuse, such as police reports, medical records, and witness statements, to strengthen their cases.

What Happens If Someone is in Violation of a Domestic Violence  Restraining Order in Los Angeles, California?

Three elements must be proven before a defendant can be convicted of violating a domestic violence restraining order.  

They are as follows:

• There was a judge-issued legal protective order.
• The defendant knew about the order.
• The defendant intentionally violated that order.

Misdemeanor Charges

This offense is typically a misdemeanor punishable by:

1. Imprisonment in the county jail for up to one year.
2. A fine of up to $1,000.

Felony Charges

There are situations where the violation of a domestic violence restraining order is a felony charge. A felony is punishable by:

1. Imprisonment in state prison for up to three years.
2. A fine of up to $10,000.

Our domestic violence lawyers in Los Angeles guide clients on how to respond if the abuser violates the restraining order, including filing reports with law enforcement and seeking further legal action to ensure the order is enforced. We empower clients to protect themselves and their families from further harm by providing legal experience and emotional support.

Can a California Domestic Violence Restraining Order be  Terminated?

Termination of a domestic violence restraining order may be by an automatic dismissal date or by request in writing.  

Otherwise, there must be a showing that:

• There has been a material change in the facts upon which the order was granted. • The law upon which the order was granted has changed.
• The ends of justice would be served by termination of the order.

A California domestic violence restraining order can be terminated, but it requires a formal legal process. Either the protected person (the victim) or the restrained person (the abuser) can request the termination or modification of the restraining order.  

The party seeking to terminate the order must file a request with the court to explain the reasons for the termination and provide any relevant evidence to support their case. The court will then schedule a hearing where both parties can present their arguments.  

The judge will consider various factors, including the protected person’s current safety and well being, any changes in circumstances, and whether the reasons for the original issuance of the restraining order still exist. If the judge finds sufficient grounds for termination, they may dissolve the restraining order.  

It’s important to note that until the court officially terminates the order, all provisions remain in effect and must be adhered to by the restrained person.

Does Domestic Violence Impact Divorce Proceedings in Los Angeles,  California?

California is a no-fault divorce state. However, a domestic violence conviction can affect certain aspects of a divorce. This includes the division of assets.  

For instance, it is presumed that a spouse convicted of domestic violence against the other spouse within the past five years should not receive a spousal support award. This is a “rebuttable”  presumption, meaning the convicted spouse can present evidence in their defense.

If a judge finds that domestic violence had an adverse economic impact on a spouse, resulting in an unreasonable depletion of marital assets, then the victim’s spouse might be awarded more of the matrimonial assets.  

Accusations of Domestic Violence in Family Court

New protections are being phased into family law situations to protect victims of domestic violence. However, it can still be risky to present claims of domestic violence in family court with no criminal case documentation to back them up.

Often, when a victim of domestic violence voices their claims in family court, there are counterattacks. This can leave an unprepared victim feeling frightened and vulnerable, left to argue their differences with the opposing side.  

Therefore, if a victim chooses to assert their domestic violence claim in family court, it is vital to provide corroborating evidence of domestic violence to the court.

This may include, but is not limited to, the following:

• Prior police reports involving the abuser.
• A case history involving domestic violence.
• Photos of the victim’s injuries.
• Videos of threats or violent behavior by the abuser.
• Threatening text messages from the abuser.
• Eyewitnesses who can testify to the abuser’s violent or threatening behavior. • Sworn eyewitness affidavits regarding the abuser’s violent or threatening behavior.

In any situation involving domestic violence, making a safe transition requires keeping careful records of each incident of domestic violence that occurs. These records are invaluable for a family court judge when deciding on orders of protection for a spouse and any children of a marriage.

How Does Domestic Violence Impact Child Custody in California?

A family court finding of domestic violence can profoundly affect child custody for years as there is a presumption that an abusive parent should not receive joint or sole legal or physical custody of the child. The court may not make findings of domestic violence solely on the recommendation of the Family Court Services staff or a child custody evaluator; instead, it must consider any “relevant, admissible evidence” submitted by both parties.

A parent who the court believes committed an act or acts of domestic violence may still be able  to be awarded some form of custody if the parent has:

• Completed a treatment program that met the criteria the California penal code set forth.
• Complied with any terms of probation or parole.
• Completed a parenting class.
• Completed a drug or alcohol program.
• Complied with any issued restraining order (if applicable).
• If it is deemed in the children’s best interests for the parent to be awarded some custody level.

So long as a parent has not abused the children, they are likely to be granted visitation rights.  Depending on the situation, visitation may be supervised, and the drop-off and pick-up site may be a neutral or public place.

Contact Our Experienced Domestic Violence Attorneys in Los  Angeles, California Today

If you are a victim of domestic violence or were falsely accused of domestic violence, contact Fernandez Law Group as soon as possible. We will start planning your case today by learning about your situation and gathering the necessary facts.

When you retain Fernandez Law Group, you will have a team of experienced Los Angeles divorce attorneys, forensic accountants, investigators, and highly skilled support staff working to resolve your case. Schedule your complimentary consultation today for more information on our legal services for domestic violence.

Related Links:

• My Wife and Kids Actress Claims Domestic Violence Led to Divorce
• Can I get Financial Support in a Domestic Violence Case?
• Domestic Violence and Protective Orders