When a situation escalates to the point of police intervention, you could find yourself in a stressful, even intimidating situation. Domestic violence is a genuine concern that should be mitigated at all times. It can arise for several reasons, including but not limited to drug or alcohol abuse, mental illness, financial problems, and infidelity. A domestic violence charge is more than just physical violence; it also pertains to threats, intimidation, emotional harm, and threats of harm to one’s family or personal property. Anyone who is a victim of domestic violence should seek the advice of an experienced attorney to ensure their rights are protected.
Irvine Practice Areas
Your Irvine Domestic Violence Attorneys
At the Dorie A. Rogers, our family law attorneys have supported California domestic violence cases for years. As a result, anyone facing this type of abuse should be aware of their rights and have the legal support to strategize a winning course of action. We have already successfully represented several clients suffering from domestic violence and will guide you through the legal process to navigate your case successfully against the domestic violence defense.
What Are the Different Types of Domestic Violence?
Domestic violence can take five different forms. They are:
- Physical abuse: This includes all forms of physical violence, such as throwing objects or hitting.
- Sexual abuse: Sexual abuse includes unwanted touching, forced sexual relations, and other acts.
- Emotional abuse: Emotional abuse can be just as damaging as physical abuse and can include an abuser limiting your contact with friends, family members or preventing you from seeking employment. It may also include name-calling, intimidation, or humiliation.
- Financial abuse: Financial abuse can be used to maintain control over your life and relationships. An abuser may force you to hand over your finances, preventing any independence in decision-making regarding your money.
- Cyber abuse: A relatively new form of abuse, cyber abuse includes any method used to intimidate or harass someone online.
If you or a loved one suffers from any of these forms of abuse, you may have a case for domestic violence. Therefore, you must find an attorney to protect your rights.
What Type of Evidence Is Needed to Prove Domestic Abuse?
Domestic violence cases involve two parties in an intimate relationship, which means that the only evidence presented in court will be from each party. This can make it very difficult to prove one side or the other. However, some signs to look for may help you prove your claims.
These include:
- Your refusal to go to certain places or do certain things, like visiting the abuser’s family members. This is an attempt to evade potential abuse.
- Injuries that result from a physical altercation or emotional abuse. This may include bruises, redness, scratches, and other signs of harm.
- Evidence of prior abuse, such as photos or police reports. This is very helpful in demonstrating a pattern of behavior on the part of the abuser.
- Threats or warnings about future violence or attacks. These could be verbal, written, or electronic.
- Attempts to intimidate, control, or trap you. This can include using children in the family against you or preventing you from accessing an emergency shelter.
Why Should I Find an Irvine DV Lawyer?
The law protects the victims of domestic violence with either a restraining order, also known as a protective order or by seeking damages for any injuries you have sustained. You may already be familiar with the restraining order process. If an abuser is physically violent or if you fear imminent physical harm, you can petition for a restraining order to keep them away from you. However, domestic violence extends beyond physical harm to emotional and financial abuse. Therefore, if you are the victim of any of these forms of abuse, you would be within your rights to seek damages.
Domestic violence can get complicated quickly, so you should find an experienced attorney to help guide you through the process. There is also a possibility that the abuser will try to use your own past against you, so it is crucial to have a legal expert by your side.
A domestic violence attorney can help you:
- Seek a restraining order.
- Seek damages for physical, financial, and emotional abuse.
- Apply for a visa for a domestic violence victim.
- Seek child custody for your children involved in the case.
- Seek to terminate the parental rights of an abuser.
- Gain temporary child support for any children involved in the case.
These are just a few of the many services an Irvine domestic violence lawyer can provide. It is essential to act quickly once you realize you are the victim of abuse, so do not hesitate to seek legal assistance.
FAQs
Q: What is the difference between domestic violence and assault?
A: Assault can be defined as a single instance of physical contact that results in some harm, while domestic violence is a series of behaviors that involve violence or control. It can also include threats or emotional abuse.
Q: What is a domestic violence restraining order?
A: A domestic violence restraining order is a legal action the victim takes to prevent their abuser from contacting them for a certain period. This is separate from criminal cases and does not require proof of guilt.
Q: What is considered domestic violence in a custody case?
A: Abuse against the other parent, the child, or someone else in the family unit can influence a custody case. This could be keeping children from their other parents, harming pets in the family, or physical abuse against children.
Q: Do I need to prove domestic violence occurred in court?
A: It depends on the severity of your case. If you seek a restraining order, the court requires evidence of abuse before granting a protective order. In regular divorce cases, however, you do not need to prove your case for it to be considered.
Contact the Dorie A. Rogers for Irvine, CA Domestic Violence Support
The Dorie A. Rogers is a full-service family law firm that offers experienced legal guidance for family, criminal, and personal injury cases. With offices in Irvine, California, we serve clients throughout Orange County. We are devoted to our clients’ success and guide them through every step of their cases, ensuring that all legal matters are resolved in the best possible manner for them. For more information, contact our law offices today to begin a path toward a future of hope and restitution.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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