Domestic Violence
Guiding California Residents Through Challenging Legal Issues.
Domestic violence is a significant issue the 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. At Hanson, Bradford & Hanich, we can appreciate the negative impact that allegations of abuse can have on a person’s legal rights and personal life. Lead by our instrumental criminal defense attorney, Chuck Gorian; our team will work tenaciously to find a defense strategy that will protect your rights and promote justice.
Domestic Violence Under California Law.
California law provides a special legal tool for combatting 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 Advocate.
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 Hanson, Bradford & Hanich. With offices conveniently located in Riverside County, we are standing by to protect your rights and legal interests.