Domestic violence cases are intimidating. Many people who experience abuse have complicated relationships with their abusers, and it can be hard to leave them for many varied reasons. In addition, the case itself can be triggering and hard to endure, especially if an abuser is attacking you, your character, or your experiences in front of the court.
A Newport Beach domestic violence attorney can help make sure that you can feel safe in your own home. In addition, we can help to create a restraining order and assemble a case that will hold your abuser responsible for what they’ve done. Without an attorney, the court may side with your abuser, leaving you vulnerable to further abuse.
Q: What Qualifies as Domestic Violence in California?
A: The law defines domestic violence as any abuse perpetrated between cohabitants, spouses or former spouses, partners, or parents of a child. This abuse can be physical, sexual, emotional, financial, or mental. In addition, any time one person in an intimate relationship exerts unnecessary control over another person, they commit a domestic violence offense.
Q: What Does the Typical Domestic Violence Case Timeline Look Like?
A: Most domestic violence cases begin with a restraining order to keep the alleged victim safe from the alleged perpetrator. You may get a temporary restraining order until something more permanent can be obtained. Once all parties are safe, the victim can speak with their attorney about building a case and formally charging their abuser. The court process begins in accordance with the attorneys’ timelines. The court’s availability and schedule will also affect how long the process takes.
Q: Can You Drop a Domestic Violence Charge in California?
A: Domestic violence is a criminal charge, which means that the only person who can drop the charges is the state prosecutor. This is different from civil cases where the prosecuting party can drop charges if they choose. Therefore, it’s essential to be sure about your domestic violence charges before you levy them. Once the process starts, you have very little control over stopping it.
Q: Is There a Statute of Limitations on Domestic Violence in California?
A: Yes. Victims have up to five years to file a domestic violence charge. This statute of limitations was recently extended from one year, giving victims a larger window to take action. However, it’s important to remember that waiting isn’t usually wise. The sooner you take action; the more evidence is available to the court. This can help to solidify your case.
For several decades, our team at the Law Offices of Dorie A. Rogers has been helping people recover from domestic violence. We understand how sensitive and challenging these cases are, and we do everything in our power to help you through this process. Our attorneys are attentive, empathetic, and kind, and we offer services that are sensitive to your situation.
For more information about how we can help you, contact us online today.