Most criminal matters are complicated, but when it comes to domestic violence, the additional family or relationship dynamics can create an especially challenging situation. It is important to get a knowledgeable criminal defense lawyer on your side who will be able to protect your rights and interests. California takes domestic violence very seriously, which means that you should take any allegation or charge made against you seriously as well. Domestic Violence can be charged as a felony or a misdemeanor and a conviction will result in penalties that will affect you for the rest of your life. At Hinely Law, our Colusa and Lake County domestic violence lawyers are zealous and experienced advocates. The attorneys at Hinely Law are ready to assist people in Colusa, Lake, Sutter, and Yuba Counties during their times of need.Consequences of Domestic Violence Charges
Domestic violence is a broad term in California that encompasses a wide variety of criminal acts. In general,. Domestic violence includes a criminal act carried out between two spouses, former spouses, roommates, former roommates, dating partners, former dating partners, or people who share a child.
Battery is a common form of domestic violence. Section 242 of the California Penal Code defines battery as the willful and unlawful use of force or violence against another person, while Section 243(e)(1) includes a specific definition of battery involving family members or romantic partners. Battery involves more than just punching or hitting, and it is defined broadly to include kicking, shoving, hair pulling, throwing items, a harmful or offensive “touching”, or engaging in other acts of violence designed to intimidate someone. Moreover, domestic violence also encompasses acts other than battery, such as stalking, verbal threats, false imprisonment, intimidation, or physical harm to a person with the purpose of inflicting fear on someone else.Restraining Orders
California has adopted a restraining order system for alleged victims of domestic violence. Before a court will grant a domestic violence restraining order, however, the accuser must prove that the order is appropriate and warranted in the circumstances. If you are facing a potential domestic violence restraining order, it is essential that you assert a defense to protect your legal rights and interests.
A domestic violence restraining order can have a serious and long-lasting impact on your life. A permanent restraining order is typically valid for three years, or longer if the circumstances warrant it. Also, if you are found in violation of a restraining order, you can face substantial penalties, including jail time. Having a domestic violence restraining order entered against you will affect your ability to purchase or possess a firearm and have implications for current or prospective employment.
Fortunately, there are certain defenses and strategies that often can be used to prevent the court from entering a restraining order against a defendant. To obtain a domestic violence restraining order, the alleged victim will need to show that there is a relationship between the parties and a pattern of behavior that constitutes abuse or threats of abuse. In some unfortunate cases, an accuser will attempt to abuse the legal process to wrongfully obtain a restraining order against the defendant. They may be seeking revenge against the defendant, seeking a larger portion of a divorce settlement, attempting to obtain custody of shared children, suffering from mental health conditions, or trying to remove the defendant from a shared home or other shared property. In addition to challenging the accuser’s motives, the defendant may also be able to assert a self-defense argument in some circumstances if the accuser initiated the incident. The Criminal Defense and Family Law attorneys at Hinely Law are familiar with both sides (seeking and preventing) restraining orders in Colusa, Lake, Sutter and Yuba counties.Contact a Reliable Domestic Violence Lawyer in Colusa or Lake County Today
If you are involved in a legal matter in which someone is seeking a restraining order against you, or you are in need of a restraining order to protect you and your loved ones, it is critical that you contact a knowledgeable lawyer as soon as possible. The dedicated team at Hinely Law can help you avoid or minimize the consequences of an accusation or charge. Hinely Law offers family law attorneys as well as criminal lawyers, so they fully understand the multifaceted impact of domestic violence allegations and can help you fight back against them on multiple fronts. With offices in Colusa and Lakeport, the Criminal and Family Law attorneys at Hinely Law serve Colusa, Lake, Sutter, and Yuba, Counties. Contact us online or call us at (707) 995-7006 or (530) 458-2950 to set up a free consultation with a Colusa or Lake County domestic violence attorney.