Fresno Domestic Violence Lawyer

Defense Against Domestic Violence in California

Experiencing domestic violence is a deeply traumatic situation that can leave lasting emotional and physical scars. Victims often face a range of challenges, from the immediate need for safety to navigating the complex legal system. A dedicated Fresno domestic violence lawyer can be an invaluable ally in this journey, providing the support and legal representation necessary to protect your rights and well-being.

We are here to help - don't wait. Speak with a domestic violence attorney in Fresno and Arnold Law Group, APC today. Complete an online form or call us at (559) 900-1263.

What Actions are Classified as Domestic Violence?

At Arnold Law Group, APC, we have helped many individuals obtain justice against their perpetrators and protect their rights. We have years of experience handling cases involving domestic violence charges and offering high-quality legal guidance regarding various types of domestic violence abuse.

We can help clients who have experienced abuse such as:

• Threats
• Intimidation
• Harassing phone calls
• Physical assault
• Verbal abuse
• Social abuse
• Sexual abuse
• Stalking
• Property damage

Types of Protection & Restraining Orders in California

Domestic violence is a serious issue and should be handled cautiously. If you are suffering from abuse by an intimate partner or a household member, you should take immediate legal action. 

The three types of protective and restraining orders you can choose to enact are:

• Emergency protective order - Emergency protective orders are issued on the scene by a law enforcement officer. They are given after a law enforcement officer explains the circumstances on the telephone to a judge to receive permission to issue the order.
• Temporary restraining order - The court can issue a temporary restraining order at an emergency hearing or after reading the victim’s declaration. These orders are usually suitable for 21 days but can be reissued.
• Permanent restraining order - After a temporary restraining order is issued, the court will conduct a hearing to determine whether there is a need for a permanent restraining order. If a permanent order is granted, it will typically last five years.

Do Domestic Violence Cases Go to Court in California?

Most cases concerning domestic violence do not go to trial. However, the person asking for protection will have to “serve” the other person with a copy of all the restraining order papers before the court date. Having a lawyer for support from Fresno domestic violence lawyers can help make the process easier to handle.

How Can an Order of Protection Help Me?

If you have been injured by an individual, you might require an order of protection. An order of protection, issued by the court to limit the behavior of the violent individual, can be the first line of defense against physical abuse. This "violent individual" does not necessarily need to be related to the victim.

A typical order of protection can require that the abuser:

• Stay far away from you and your family.
• Cease all contact with you and your family.
• Move out of your shared residence.
• Pay child support in a divorce.
• Surrender any firearms to the proper authorities.

Violating any part of an order of protection is considered a crime and will likely warrant an arrest. If the individual you need protection from is violating the order – even if they are doing it nonviolently and without aggression – you should notify the police immediately.

How to Get an Order of Protection in California?

For the convenience of those in need, applying for an order of protection can be done in several ways:

• Contacting a state or district attorney.
• Informing the police that you would like to file one.
• Inquiring with the county clerk in either your or your abuser’s county.

After filling out the provided documents, you’ll need to file them, typically with your county clerk. A court date will then be set for a hearing. You’ll have to prove to the judge that your need for the order of protection is real.

Ways you can prove that you require an order of protection from an individual include:

• Physical evidence of harm, such as bruises and scars.
• Written or recorded evidence of threats against your well-being.
• Eyewitness testimonies on your behalf.

If you need help with any step in this process, from filing the paperwork to providing valid evidence of your abuse, call upon our firm. Contact a Fresno domestic violence lawyer at the Arnold Law Group, APC, today if you have questions about orders of protection.

Your path to safety starts here. Speak with a Fresno domestic violence attorney today. Fill out our online form or call us at (559) 900-1263.

What are the Legal Consequences of Domestic Violence?

It is important to recognize that accusations can stem from misunderstandings, exaggerations, or even false claims. The legal definition of domestic violence in California is broad, which can lead to varying interpretations and, consequently, accusations that might not accurately reflect the situation.

Allegations of domestic violence can lead to significant personal and legal consequences. Having a Fresno domestic violence lawyer is crucial to ensuring that rights are upheld throughout the process. This legal support provides clients with the necessary tools to effectively navigate their cases.

Charges of domestic violence can lead to various legal repercussions, which may include:

• Criminal Charges: Offenses can range from misdemeanors to felonies, depending on the severity of the incident and prior offenses. Penalties may include jail time, fines, and mandatory counseling.
• Restraining Orders: Victims can seek restraining orders that limit the accused's ability to contact or come near them. Violating such orders can result in further legal consequences.
• Civil Liability: Victims may pursue civil lawsuits against the accused for damages resulting from the alleged abuse, leading to financial penalties.
• Impact on Custody and Visitation: Allegations of domestic violence can influence custody arrangements and visitation rights, affecting parental relationships.

Common Defenses Against Domestic Violence Allegations

Each case is unique, and the defense strategy will depend on the specific circumstances surrounding the allegations. Common defenses employed in domestic violence cases include:

• Self-Defense: If the accused acted in self-defense, demonstrating that their actions were necessary to protect themselves from imminent harm can be a powerful defense.
• False Allegations: In some cases, accusations may arise from misunderstandings or malicious intent. Establishing that the allegations are unfounded is critical.
• Lack of Evidence: If the prosecution cannot provide sufficient evidence to support the allegations, the case may be dismissed or result in a not guilty verdict.
• Consent: In situations where actions are consensual, arguing that both parties engaged willingly may challenge the notion of domestic violence.
• Mental Health Issues: If the accuser has a history of mental health issues, it may be pertinent to demonstrate how these issues influenced their perception or actions.

Know Your Rights: Talk to Our Fresno Domestic Violence Lawyers

If you are taking action to file a domestic violence charge or you are facing false accusations, you will need to ensure that a knowledgeable legal guide fully protects you. Our domestic violence attorneys in Fresno can help you navigate your case.

Call us at (559) 900-1263 or complete our online form to schedule a consultation with our Fresno domestic violence lawyer.