At the Law Office of Cherish Om, we stay up-to-date on current domestic violence laws and have extensive experience to offer as your domestic violence case. When you’re ready to connect with a compassionate attorney, reach out to schedule a free consultation with us.
Every relationship experiences conflict at one point or another. However, there’s a huge difference between conflict and physical harm. When the latter occurs, law enforcement may become involved. Domestic violence can easily escalate to a restraining order, criminal charges and other serious consequences for the person causing the violence.
For individuals in California, domestic abuse laws are made to protect the most vulnerable people—such as intimate partners, the elderly and children—from mental abuse, sexual assault and physical abuse. It’s not only illegal to harm these individuals, but also to rudely or aggressively touch them, even if there is no injury associated with the contact.
If you’ve been accused of domestic abuse by a former spouse or household member, it’s important to reach out to a domestic violence defense attorney as quickly as possible. Depending on the specifics of your situation, you may be involved in a family law situation or a criminal case. A top-tier criminal defense attorney can help you understand the nature of your case and what’s at stake.
Whether you have been accused of domestic violence or are a victim, you have options. The attorneys at the Law Office of Cherish Om are here to assist with all your family law matters. Contact us today to schedule a free case evaluation.
Understanding Domestic Violence
Understanding domestic violencerequires an exploration of the many dynamics associated with intimate relationships. It includes many types of abuse, such as emotional, financial, physical, psychological, and sexual, and is characterized by control and power that become tools of manipulation. Recognizing and understanding domestic violence can involve acknowledging injuries as well as more subtle tactics used to create dependency and fear.
One thing to note is that domestic violence can happen to anyone. It transcends demographic boundaries and impacts people of all genders, ages, and socioeconomic status.
Being aware of domestic violence requires an understanding of the cycle of abuse, which includes cycles of tension, explosive situations, and remorse, which can be a challenge to break. The effect can move beyond the immediate victims to affect entire families or communities.
The Impact of Domestic Violence on a Family Law Case
The impact of domestic violence on family law cases can be far-reaching and profound. It can affect all facets of the legal proceedings. When abuse occurs, the court will prioritize the safety of everyone involved, especially children. Protective orders may be issued, supervised visitation may be required, and custody arrangements may be altered. Domestic violence can have a huge effect on the specifics of spousal support, property divisions and other financial considerations.
The legal system and your domestic violence lawyer will be well-versed in the dynamics of control and power associated with domestic violence, which may influence decisions around child support and alimony. Evidence of abuse can majorly shape legal judgments, as the courts will consider the long-term psychological implications for the victims. Complexities only escalate when domestic violence is contested, which is why it’s essential to meticulously examine witness testimonies and evidence.
A domestic violence lawyer will be an important partner who helps you through the process and ensures the court considers all relevant evidence. As society learns more about domestic violence, family and criminal law must evolve to protect survivors and address all the broader implications on family well-being and relationships.
If you’ve been accused of or are a victim of domestic violence, reaching out to an experienced domestic violence attorney should be a priority. The experienced lawyers at Cherish Om are here to assist you throughout the legal process. We offer a variety of advocacy and legal services and can help you fight false accusations. Reach out to our law group today to get started with a consultation.
The Different Types of Domestic Violence
There are many forms of domestic abuse and it’s essential to understand each of them. Here are some of the types of domestic violence that can inflict harm on an intimate relationship:
- Digital Abuse. This occurs when someone uses technology to monitor, control or harass a partner. This may include the use of tracking devices, stalking through social media or gaining unauthorized access to personal accounts.
- Emotional Abuse. The victim’s emotional and mental well-being are threatened through tactics like threats, manipulation, humiliation and intimidation to diminish self-worth and control.
- Financial Abuse. Financial abuse happens when one person exploits or controls their partner’s financial resources, limiting their access to employment, money or financial information.
- Physical Abuse. Physical abuse may involve the use of force to cause bodily injury or harm and may include punching, slapping, hitting, or using weapons.
- Physical Abuse. Physical abuse may involve the use of force to cause bodily injury or harm and may include punching, slapping, hitting, or using weapons.
- Sexual Abuse. Any coercion or non-consensual sexual activity occurring in an intimate relationship is considered sexual abuse.
- Stalking. Stalking may include repeated unwanted attention or intrusive and threatening behaviors that often escalate and scare the victim.
- Verbal Abuse. This type of abuse involves using words to criticize, demean or threaten a victim, often to build an environment of insecurity and fear.
Rather than a comprehensive list of potential abusive behaviors, the above-listed actions are merely some of the most common. If you’re struggling to understand whether your partner’s behaviors are considered abusive, reach out to a counseling professional or contact an attorney for legal advice.
How Can A Family Domestic Violence Lawyer Help?
A domestic violence lawyer plays a major role in helping anyone affected by domestic violence. Here are some of their main offerings:
- Legal protection. They can assist victims with obtaining protective orders or restraining orders to ensure immediate safety from their abuser.
- Navigating the legal system. A domestic violence lawyer helps clients move through the legal process while explaining options and rights associated with family or criminal law.
- Visitation and custody help. When children are involved, lawyers advocate for their best interests. This includes addressing visitation and custody arrangements to prioritize safety.
- Gathering evidence. Attorneys can help collect and present evidence to ensure a fair and comprehensive representation of their client’s situation.
- Court representation. Attorneys represent clients in court to ensure their case is presented persuasively to judges and far and protective legal measures are advocated for.
- Settlements and negotiations. Your domestic violence lawyer will negotiate with the other side to ensure favorable settlements while considering all of the unique factors associated with your case.
- Referrals to support services. Lawyers may help clients connect with needed support, such as shelters, counseling, and advocacy groups to address both practical and emotional needs.
- Client education. Providing education and information about domestic violence rights, laws, and legal options can empower clients to make more informed decisions as they move forward.
When you’re the victim of domestic violence or have been charged with committing domestic violence, it’s easy to fall prey to the idea that you’re alone.
Domestic Violence Attorney FAQs
Domestic violence cases come in many types, and it’s important to work with a criminal defense lawyer to ensure you get the best results. An act of domestic violence is very serious. It can lead to consequences such as jail time, fines, restitution, protective orders, and even deportation for those who are not US citizens. Below are a few useful bits of information for victims of domestic violence and those accused of these acts.
• What is domestic violence?
Domestic violence is considered a pattern of abusive behaviors used by one person to gain control and power over another person in an intimate relationship. This includes physical, psychological, emotional and financial abuse and can affect anyone, regardless of gender, age, or socioeconomic status. The goal is to create dominance and fear, which builds a cycle of trauma. Supporting victims, being aware of signs, and promoting awareness are all important to address this issue and create a society free from harm.
• Can domestic violence charges be dropped?
Domestic violence charges may be dropped, but that decision is up to the prosecutor rather than the victim. The victim’s thoughts may be considered, but this is in addition to witness cooperation, evidence, and the severity of the offenses. Sometimes, a victim who chooses not to testify may lead to dropped charges. However, legal processes vary so it’s best to work with a domestic violence lawyer for the best results.
• Who can domestic violence charges be brought against?
In California, domestic violence charges may be brought against anyone associated with an intimate relationship, such as former and current spouses, individuals with a child, and cohabitants. This applies to both same-sex and opposite-sex couples. Charges can also be extended to dating relationships that have been ongoing for a certain period. Domestic violence is taken seriously in California and charges can be initiated based on evidence regardless of living arrangements.
• What constitutes domestic violence?
Domestic violence includes many abusive behaviors within an intimate relationship, such as emotional, financial, psychological, physical, or sexual abuse. Controlling behavior, intimidation, coercion, verbal threats, hitting, and slapping are some examples of domestic violence. It is characterized by a pattern of control and power by one partner over another to cause harm and fear.
• Is domestic abuse a misdemeanor or a felony?
In the State of California, domestic violence can be classified as both felony and misdemeanor based on the circumstances and severity of the offense. Misdemeanor charges tend to be associated with less serious offenses, while felonies are applied when there are aggravating factors, such as the use of weapons, serious injury to family members, or a history of domestic violence. Classifications and charges will vary based on the specific details of a case.
• How does domestic violence impact child custody?
In family court, domestic violence can have a huge impact on child custody decisions. Courts prioritize the well-being and safety of the child so a history of domestic violence can be a major factor in determining the appropriate custody arrangements. The potential risk to the child’s safety, the impact on the child’s emotional and physical health, and evidence of abuse will all be considered by the court.
Cherish Om Law Firm: Knowledgeable Attorneys Focused on Domestic Violence Cases in California
Navigating the many complexities of domestic violence cases in California calls for skilled and compassionate representation. An experienced domestic violence lawyer can serve as an advocate for those who have endured trauma in a bit to secure protection and justice. Attorneys also exist for those who have been accused of domestic violence in the Golden State.
The legal landscape is complicated and must balance the rights of survivors with the due process of those accused of domestic violence. The best attorneys will dedicate themselves beyond the courtroom to create a more empathetic and safer society. In the pursuit of healing and justice, the collaboration between domestic violence lawyers and the legal system plays a huge part in bringing support and solace to those affected by this widespread issue.
Are you ready to get started? The team at the Law Office of Cherish Om is available to assist you today. Reach out to us and get started with a complimentary consultation or call and speak to someone at our office at (831) 291-5315 to get the legal assistance you need.
(831) 291-5315- Om-law@outlook.com
1050 S. Green Valley Rd.
Watsonville, Ca 95076
