Orange County Domestic Violence Lawyer
With over 100 years of combined legal experience, our team is highly qualified to provide legal services for your most difficult family circumstances.
Providing Legal Counsel in Orange County Domestic Violence Cases
Domestic violence is a problem across the United States. Every day, thousands of people experience domestic violence, often with life-altering consequences. It is also possible for people to face wrongful accusations of domestic violence, leading to their custody rights over their children, their livelihoods, and their living arrangements all being potentially jeopardized by these accusations.
Domestic violence cases often fall within the realms of both criminal law and family law. California defines domestic violence as any violence that occurs between members of the same family or the same household. If you have been victimized by domestic violence, the right attorney can help you secure the protections you and your loved ones need and ensure the court takes appropriate action following your domestic violence experience as far as child custody, divorce proceedings, and other related family law matters are concerned in the situation. Those accused of committing acts of domestic violence need defense counsel they can trust. The attorneys at DeArmey Law can provide comprehensive and compassionate legal representation to parties in Orange County, CA who have experienced either side of domestic violence.
Why Choose a DeArmey Law Attorney?
When you need an Orange County domestic violence attorney it is essential to choose one with solid experience handling cases similar to your own. The attorneys at DeArmey Law have 40 years of professional experience serving clients in Orange County and surrounding areas. Our firm provides comprehensive, detail-oriented legal counsel to clients facing a wide range of cases, from family law matters to adult and juvenile criminal defense. We also provide private fiduciary and concierge services as well as real estate litigation representation.
Our wide breadth of legal experience allows us to provide reliable legal counsel in a wide range of cases. We understand that domestic violence cases can entail a host of unique details and your situation may carry substantial implications for your personal and professional life, whether you are the accused or the victim. Rest assured that our team has the resources, legal skill, and experience to help you navigate your domestic violence case with greater confidence.
Why Do I Need a Domestic Violence Attorney?
When you are facing any difficult legal situation, especially one as emotionally charged and impactful as a domestic violence case, proper legal counsel is an invaluable asset for navigating the situation toward the most successful possible result. An experienced attorney can help you explore every available legal avenue, some of which may have remained entirely unknown to you without their assistance. They can also assist with the procedural side of your case, helping you meet all court filing deadlines and ensuring all case paperwork submitted to the court is complete and accurate.
If you do not secure legal representation from an Orange County domestic violence lawyer, you will need to handle all aspects of your case on your own while also dealing with the aftermath of the situation that led to your current legal entanglements. Ultimately, it is well worth the investment to secure legal counsel from an experienced and reliable Orange County domestic violence attorney when you are facing this type of legal matter, regardless of what side of the issue you find yourself.
Understanding Domestic Violence
It is vital to know how California state law defines “domestic violence” and what actions constitute domestic violence. This term applies to physical harm inflicted on a family member or household member, but it also applies to several other behaviors that could result in a restraining order or other charges. A few examples of domestic violence include:
- Physically striking or causing injury to a family member or household member.
- Stalking, or the unwanted following of the victim. This can also include peering into he victim’s home while they are unaware or other psychologically distressing behaviors.
- Threats of violence. Consistently issuing threats of violence against the victim constitutes psychological abuse and is considered a form of domestic violence.
- Sexual abuse. This type of domestic violence almost always leads to criminal charges against the offender, and the extent of their penalties depends on the nature of their actions, the age of the victim, and whether their behavior caused any permanent harm to the victim.
- Restricting movement. A family member who does not allow another family member to leave the home or engage in certain activities as a method of controlling their behavior could also face domestic violence charges.
These are just a few common examples of domestic violence. It’s important to note that the term “domestic violence” applies when the parties involved are closely related. In California, domestic violence applies when a situation involves members of the same family, former romantic partners, former roommates or housemates, divorced spouses, or relatives living in the same household.
Domestic Violence and Family Law
Most domestic violence cases have implications that carry into the realm of family law. For example, if a married person experiences domestic violence from their spouse, this could spur them to file for divorce and seek legal protections for themselves and their children. Committing domestic violence against an ex-spouse or co-parent could also lead to further family law proceedings. DeArmey Law has years of experience guiding clients through the Orange County family court, and we can assist in your case in several ways.
If you need protection from an abusive spouse or partner, one of the best ways to secure it is by contacting an experienced Orange County domestic violence attorney and asking for their assistance in securing an order of protection from the family court. This type of order expressly prohibits an alleged abuser from coming into contact with the alleged victim, often including very specific terms and conditions for managing their interactions. Family court judges will approve temporary restraining orders that take effect immediately, and once the case unfolds and reaches a conclusion they may issue a new domestic violence order with long-term or permanent terms and conditions.
A protective order will typically prevent an abuser from entering certain places, such as the victim’s home or the school the victim’s children attend. Depending on the extent of the abuser’s behavior, it is likely they will face criminal prosecution as well. If they have children with the victim, or if the victim is a child, the offender will likely face restricted custody and/or visitation rights, potentially losing their custody and visitation rights entirely in some situations. It is also possible for law enforcement officers responding to a domestic violence call to contact a judge to secure an emergency protective order that takes effect immediately, if the officers believe it to be necessary for the situation.
Defending Yourself Against Domestic Violence Charges
Being accused of any criminal action can be incredibly distressing, especially if you know you have done nothing wrong and are facing an unjust accusation. If you need criminal defense representation in a domestic violence case, DeArmey Law can help. We understand what could be at stake if you are convicted. If you have been wrongfully accused, our team can help you prove your innocence and hold the party responsible for the wrongful accusation accountable for any damage they caused. If you made a mistake or have a history of DUI, and did engage in any form of domestic violence, our team can still assist you by helping you mitigate the penalty for your actions. Thanks to our extensive experience in both family law and criminal defense law, you can rely on our team to help you navigate both the criminal side of your domestic violence case as well as the family law matters applicable to your situation.
There are few possible defenses to domestic violence charges:
- Self-defense. Everyone has the right to defend themselves against bodily harm from another. Unfortunately, it is not uncommon for the aggressors who initiate domestic violence to accuse their victims of starting these incidents. If you only acted to defend yourself and your accuser is the one who actually started the domestic violence incident in question, it is essential to work with an Orange County domestic violence attorney who can help you prove the truth of the matter.
- Mistaken identity. It’s common for people who experience stalking and similar unwanted behaviors to assume the perpetrators are people they know. For example, a person sees someone peering through their window in the middle of the night and believe it to be an ex-partner. They could file stalking charges against their ex, and the accused would need to establish their alibi that proves that they were not in the vicinity of their ex’s house when this incident occurred.
- False accusation. In the United States, the law of due process upholds that the burden of proof in any criminal case rests with the accuser. If you have been accused of any form of domestic violence that is entirely false, you need to work closely with your Orange County defense attorney to determine the best way to disprove this fraudulent claim. For example, it is not uncommon for divorcing spouses to accuse their soon-to-be ex-spouses of committing domestic violence in order to gain the upper hand in divorce proceedings.
These are just a few examples of how you could potentially defend yourself when you have been accused of committing domestic violence in Orange County, CA. Your attorney will help you gather exculpatory evidence that proves your innocence such as physical evidence, including DNA samples recovered from the scene of the alleged incident, eyewitness statements, and even expert witness testimony if your case demands such input.
Potential Penalties in Orange County, California
California prosecutors tend to pursue convictions in domestic violence cases very aggressively. If you have experienced domestic violence of any kind, an attorney can help you secure the protections you and your family need and assist you in the complex legal proceedings you will likely face in criminal and family court. If you are accused of domestic violence, your attorney can help you establish the truth of the matter in question and potentially help you avoid the most severe possible consequences that conviction would entail.
In California, an individual convicted of domestic violence could face a wide range of penalties, including:
- Severe forms of domestic violence carry a prison sentence, typically for several months to several years depending on the nature of the domestic violence and the status of the victim. Crimes against children tend to carry the most severe penalties.
- Fines and penalty assessments. Conviction on domestic violence charges almost always entails a financial penalty. The convicted abuser will likely face fines, court costs, and other penalty assessments based on the nature and severity of their actions.
- Restitution and civil damages to victims. The victim of domestic violence may be awarded restitution from a criminal case. They also have the right to pursue a personal injury claim against the party responsible for the domestic violence they experienced.
- Loss of custody and/or visitation rights. An individual convicted of domestic violence could lose their child custody rights. This is especially likely if they have been convicted of committing domestic violence against their children or someone else’s children. The defendant in this situation could face reduced custody and visitation rights or lose these rights entirely.
- Personal and professional consequences. Domestic violence carries a strong negative social stigma. If you have been convicted of domestic violence it is very likely that you will lose standing in your community. If you hold any professional licenses, you could lose them as part of criminal sentencing, or they may be stripped from you by the professional organizations with oversight on licensed professionals in your field.
These are just a few examples of the types of penalties that often come into play in domestic violence cases. It’s very likely for anyone convicted of domestic violence to face several or all of these penalties.
Find Your Defense Team Today
If you have experienced domestic violence in Orange County, you need a lawyer you can trust to help you secure the protective orders you need and to hold your abuser accountable. If you have been accused of domestic violence of any kind in Orange County, you need a legal team who can help you navigate your case and ensure a fair and reasonable outcome. DeArmey Law can provide the legal services necessary as a defendant or victim in these situations. If you are ready to speak with an experienced Orange County domestic violence attorney about your situation, contact DeArmey Law today for more information about how our team can assist you.