Montclair Domestic Violence Attorney
Many people consider their family and household members to be people they can trust with all their lives. They are also their staunchest protectors and supporters through every challenge in life.
However, there are people who feel the complete opposite and see their family or household members as the biggest threat to their lives because they are constantly abused, despite their relationship or familial ties. In the most severe cases, the abuse results in severe injuries that render victims permanently incapacitated.
Domestic violence, in any shape or form, should not be tolerated. If you are in Montclair, CA, you can trust TA Law Group to take action and get you to safety while building a strong case against the abuse. We will personalize our legal services to match your case and represent you in court, so you don’t have to face your abusers. You can also count on us to handle the case with care and make arrangements for you and your loved ones so you can face the future with confidence and free from abuse.
Call TA Law Group at (818) 578-4138 for your Free Consultation with a Montclair Domestic Violence Attorney.
What is Domestic Violence in California?
Under California’s Penal Code, domestic violence is defined as abuse or violence committed by a person against their family member, household member, relative, or the person they are in a relationship with. It can also cover abuse committed towards a former spouse or romantic partner and their children. Some examples of abuse include threats, stalking, physical or sexual assault, damage to property, and coercive control.
If a person is found guilty of committing domestic violence, they can face misdemeanor or felony charges depending on the severity of the abuse committed and whether they have a previous criminal record. Some of the penalties attached to domestic violence convictions include jail sentences, fines, community service, restricted rights, and restitution.
You can contact our Montclair domestic violence lawyers at any time to understand the nature of domestic violence and see if you are indeed a victim. Once it is validated, we will prepare the case against those who have abused you or your loved ones. We also cater to those who are accused of committing the act and assist in building a defense against these charges.
Legal Protections for Victims
Victims of domestic violence in California are entitled to apply for a domestic violence restraining order to protect themselves from their abusers. It can be requested immediately, either through civil or criminal court, without the necessity of proving physical harm.
Victims must be able to prove that domestic violence has been inflicted on them or their loved ones, or that a partner is abusive. Courts can change the duration of the restraining order or add additional protections depending on the level of threat. If the restraining order is violated in any way, it will be considered a misdemeanor or a felony if the victim was harmed.
TA Law Group can immediately file for a domestic violence restraining order on your behalf and represent you during the hearing so you don’t have to meet your abusers in court. We can also design the appeal to secure further protection or extend the order, as well as fight for its enforcement. You can also trust our team to take action if the restraining order is violated and ensure that the appropriate penalties are enforced.
How Domestic Violence Can Affect You
Domestic violence charges and convictions can affect other legal issues being discussed between parties. These legal issues are as follows:
Divorce and Property Division: In divorce cases, one party must show concrete evidence of the abuse for judges to consider and allow the divorce to proceed. When it comes to property division, courts will include the impact of domestic violence in their ruling. The court can order the injured party to get a larger share of the marital assets and even order the abusive party to pay spousal support on top of it.
Child Custody, Support, and Visitation: Courts in California use a special law to determine who gets child custody and pay support during domestic violence cases. If a conviction is given to a parent, the non-abusive parent is often given the sole legal and physical custody of their children, while the abusive parent is only given limited visitation rights. If the accusations are still being investigated, the judge will review the allegations before determining who gets custody. Judges will be required to explain their reasoning in either situation so all parties understand the ruling.
Spousal Support: The judge may consider spousal support if there is concrete evidence of domestic violence. Normally, the abusive party will be ordered to pay spousal support, but the abusive party may also present evidence to get the order changed. If you were convicted of domestic violence but were actually the real victim, the judge can review the evidence and order the other party to pay you instead.
Defending Against False Allegations of Domestic Violence
You can also contact our Montclair, CA family law firm if you are accused of committing domestic violence. This occurrence is not uncommon as some parties may use it as a way to get revenge on their former spouse, ruin the accused party’s reputation, or get a better settlement in their divorce proceedings. Even if you are not guilty of the crime, the legal repercussions of being accused of committing domestic violence are immense and can change your life forever.
Having a trusted Montclair domestic violence lawyer can help you understand the charges against you and build a strong defense to counter them. We can also help you gather the evidence you need to support your defense. You can also trust us to inform you about your rights as you deal with the investigation, as well as any violations committed during the case. TA Law Group will assign you to one of our lawyers for these situations so you have personal contact with a legal team at all times.
Why Choose Our Montclair, CA Family Law Firm
California treats every claim of domestic violence seriously. It will take immediate action to ensure that victims are protected while the abusers face the full extent of the law. Whether you are the abused or the accused, it is best to have an experienced Montclair domestic violence lawyer beside you to understand the state’s law and the legal process so you can plan your case accordingly.
At TA Law Group, you will be assigned to one of our domestic violence lawyers, who will make sure that you are safe from further abuse and inform you of the legal avenues available to get the case heard. If you are the accused party, we will examine the charges against you and see what evidence is available for you to present in court. In either situation, we will represent you in court and do our best to fight for a positive outcome.
Free Consultation Today
Domestic violence is no laughing matter and must be immediately reported, whether it happens to you or the people around you. Trust our Montclair domestic violence lawyers at TA Law Group to get into action and get the court to review your case.
We guarantee that your safety is our top priority and fight for your rights so that once the case is done, you don’t have to fear that you will be abused again.
Call TA Law Group at (818) 578-4138 for your Free Consultation with a Montclair Domestic Violence Attorney.