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What types of actions constitute domestic violence or domestic abuse?
Domestic violence may include any form of violence or abuse which is committed against a spouse, ex-spouse, cohabitant, former cohabitant, child, family member, or mother or father of a shared child. This can include physical, sexual or emotional abuse.
What if my spouse doesn’t want to press domestic abuse charges?
Once the police become involved in a domestic violence case, it does not matter if the alleged victim does not want to press charges. The prosecuting attorney can take the matter over and decide whether to press charges, even if the victim does not want to. This is one of the things that make working with a Los Angeles domestic violence defense and abuse lawyer all the more important.
Can a woman be guilty of domestic violence or spousal abuse?
A man or a woman can be guilty of domestic violence. Although the majority of domestic violence victims are women, men can also be victims of this crime as well. Whether you are a man or a woman, if you have been accused of domestic violence, spousal abuse or child abuse you will need an experienced defense lawyer on your side to protect your rights.
What is child abuse?
Child abuse occurs when an individual emotionally, sexually or physically abuses a child. When this occurs in the home environment, this is a form of domestic violence and can result in harsh penalties, including a state prison sentence of up to 6 years. Child abuse may also include neglect, child endangerment, and child molestation.
What are some of the penalties associated with a domestic violence or abuse conviction?
In California, a domestic violence conviction may result in a state prison sentence of up to 4 years and/or a fine of up to $6,000. Domestic violence against a child may result in a prison sentence of up to 6 years.
If my spouse files a restraining order, do I have to move out of the house that we share?
When a restraining order or order of protection is filed, it may require the alleged abuser to move out of the home that he/she shares with the victim – even if the abuser owns the home or pays the rent.
How can a domestic violence or domestic abuse lawyer help me?
If you are facing any type of domestic violence charges, or if a restraining order has been filed against you, you will need a defense lawyer in your corner so your rights can be protected through the entire criminal process. In the case of false allegations, your lawyer may be able to find evidence or a witness who can confirm that you are innocent. Additionally, an experienced attorney may be able to point out any constitutional rights violations which may have been committed by law enforcement during the arrest or investigation.
Any way you look at it, facing criminal charges without the help of a skilled defense attorney will likely mean that you will receive a conviction and face maximum penalties. Find out more about how we can offer you the help you need. Contact a Los Angeles domestic abuse defense lawyer at our law firm today!