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Legal Guidance for Families Involved in Domestic Violence Matters in California

When family conflict begins to manifest itself through physical violence, the results can be dire. Instances of domestic violence can irreparably harm one’s interpersonal relationships and lead to severe legal consequences. However, you should not have to endure a single moment of abuse or violence.

If you are looking for legal advice regarding an issue concerning domestic violence, you deserve a skilled Temecula domestic violence attorney who will zealously fight to protect your safety and that of your family. At Law Office of Neda Aguirre, APC, you can count on our family law attorney to deliver compassionate counsel and tenacious representation to help make sure you can lead a life free from violent conflict and abuse.

Please call us at (951) 977-4904 or contact us online if you have questions or concerns about your legal rights in a matter concerning domestic violence. Our domestic violence attorney in Temecula has the experience and skill it takes to handle your case.

Can a Domestic Violence Charge be Dropped in CA?

Yes, a prosecutor is the only legal entity that can decide if a domestic violence charge is dropped in the state of California.

The most common reasons a domestic violence charge may be dropped include:

  • The accuser is lying
  • The accused was acting in self-defense
  • The injuries that occurred were unintentional or accidental
  • If the victim, or the accuser, recants his/her statement regarding the domestic abuse, this can also be grounds for dismissing a charge

How to Fight a Domestic Violence Charge

Fighting a domestic violence charge can help to avoid a criminal record, loss of child custody, deportation, and possible jail time. Legal representation is the best way to successfully dispute a domestic violence charge. At Law Office of Neda Aguirre, APC, our Temecula criminal defense lawyers can help defend you against pending domestic violence or domestic battery charges. One of the most common reasons domestic violence chargers are fought is due to false allegations.

What is California’s Domestic Violence Protection Act?

California law provides certain legal remedies to address and prevent domestic violence. The California Penal Code prohibits specific acts of domestic violence as specific criminal offenses that warrant penalties involving expensive fines or even jail time.

Furthermore, the provisions of California’s Domestic Violence Protection Act establishes a process for a person to obtain legal orders for the purpose of protecting someone against instances of domestic violence and abuse.

Domestic Violence Protection Orders

Domestic violence protection orderscan prohibit an aggressor from assaulting their victims, and protect at-risk household members by awarding them with certain rights.

Under California law, a person can request a court to issue domestic violence protection orders such as:

  • Temporary custody and visitation orders
  • Child support orders
  • Initial spousal support orders
  • Restitution orders
  • Batterer’s treatment counseling orders
  • Transfer of billing responsibility for cell phone service
  • Payment of attorney’s fees and costs

If a party violates the terms of a domestic violence protection order, they can be charged with committing a criminal offense that may be punishable by imprisonment.

Is It Possible to Get a Temporary Restraining Order?

In emergency situations, the court can issue a temporary protective order without first providing a hearing for the party against whom protection is being sought. Such orders are also known as emergency “ex parte” protection orders—which is a Latin phrase meaning “from/out of the party/faction”—because the court is authorized to issue them without first hearing the defendant’s arguments and evidence.

A court is justified in restraining a party’s liberties without giving them an opportunity to defend themselves in the interests of preventing immediate harm from occurring. A party who is restrained by a protective order can defend themselves in court after the court issues the temporary restraining order.

Temporary restraining orders protecting against domestic violence may include:

  • Injunctions prohibiting contact with the protected party
  • Orders awarding exclusive care, control, and possession of an animal
  • Injunctions excluding the aggressor from their home
  • Temporary custody and visitation orders
  • Temporary property distribution orders
  • Injunctions barring acts involving community and separate property
  • Injunctions precluding the possession, use, and transfer of firearms

Get Advice from Our Domestic Violence Attorney in Temecula

For those seeking the professional services of an experienced domestic violence lawyer in Temecula, you can turn to Law Office of Neda Aguirre, APC for legal representation. Whether you are looking for a way to escape the clutches of an abusive relationship or to protect your legal rights against the unfounded allegations of a malicious party, we are ready to guide you through the complicated legal issues in your case.

To schedule a free initial case evaluation, please call Law Office of Neda Aguirre, APC at (951) 977-4904 or make an online request to speak with our domestic violence attorney in Temecula today.

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