Certified Family Law specialist
Domestic Abuse & Violence
San Fernando Valley Domestic Violence Lawyer
What Is Domestic Abuse?
California law defines domestic abuse in a number of ways, including making threats and disturbing the peace of the victim. Domestic abuse may also involve accessing a victim's email account without authorization, and disclosing the information found there. These examples are in addition to the physical violence of domestic assault. The San Fernando Valley domestic violence attorneys of Joel S. Seidel & Associates have extensive experience in this tumultuous area of law.
If you have spousal abuse concerns, do not hesitate to contact us online or call (818) 435-3773
Defining Domestic Violence in California
California law defines domestic violence as abuse or threats of abuse committed against a spouse, former spouse, cohabitant, former cohabitant, fiancé, or someone with whom the abuser shares a child. The term "abuse" refers to any behavior that harms or threatens physical or emotional harm, including physical violence, sexual abuse, verbal threats, intimidation, stalking, and other forms of coercive behavior.
Domestic violence can take many forms, including:
- Physical Abuse: Hitting, slapping, pushing, choking, or any other act intended to cause physical injury.
- Emotional or Psychological Abuse: Insulting, belittling, threatening, or isolating the victim to control their thoughts and feelings.
- Sexual Abuse: Forcing sexual acts upon another person, regardless of their consent.
- Financial Abuse: Controlling the victim’s finances, preventing them from working, or withholding financial resources.
- Stalking and Harassment: Repeated, unwanted attention and behavior that causes fear or distress.
Domestic violence can occur in any type of relationship, including those where the parties are married, dating, cohabiting, or sharing a child. Victims may be men or women of any age, race, or background. No one deserves to live in fear, and with the help of our San Fernando Valley domestic violence lawyers, legal protection is available.
Legal Protections for Domestic Violence Victims
California law offers several legal remedies for victims of domestic violence. The most common forms of protection include:
- Restraining Order Cases: A restraining order is often the first step in protecting oneself from an abuser. Victims can file for a restraining order to prevent further contact or harassment from the abuser.
- Criminal Prosecution for Domestic Violence: When domestic violence involves physical harm or other serious forms of abuse, it can lead to criminal charges. California takes domestic violence crimes seriously, and penalties can be severe. The accused may face jail time, probation, counseling, and restitution for medical expenses or emotional distress.
- Child Custody and Family Law Cases: In cases involving children, domestic violence allegations can have a significant impact on child custody and visitation decisions. If domestic violence is alleged or proven, it can influence a judge’s decision regarding the best interests of the child. In some cases, a parent may be granted sole custody or supervised visitation to ensure the safety of the child. A domestic violence lawyer in San Fernando can help victims seek full custody or enforce protective measures that safeguard the children.
What Does a Restraining Order Do?
If you are a victim of domestic violence or abuse, it is important that you obtain a family lawyer in San Fernando Valley who can help you quickly file for a restraining order to protect yourself and your children. Restraining orders may also have a significant impact on child custody, visitation and other aspects of a divorce case. If someone breaks a restraining order that was taken out against them, they may face fines, jail time, or both.
A restraining order can protect you from a variety of different behaviors, including:
- Stalking
- Threatening
- Sexually Assaulting
- Harassing
- Contacting in any way
We run our San Fernando Valley law offices with care and compassion, and we have the legal knowledge and resources to help protect you and your family.
How Long Does a Restraining Order Last?
In California there are three primary types of restraining orders that can be obtained: an emergency protective order, a temporary order, or a more permanent order after a hearing. How long the restraining order lasts will depend on the type of order acquired. For example, an emergency order typically lasts for a week, while a temporary order can last for roughly 20 to 25 days. A “permanent” restraining order, received after a hearing, can potentially remain in place for up to 5 years. After the order has terminated, you can request a new order to be mandated.
Don't go through this process alone; the compassionate and skilled domestic violence attorneys at Joel S. Seidel & Associates can assist you in filing for an order.
Representation for Those Falsely Accused
Unfortunately, sometimes domestic violence allegations are used as a litigation tactic in contentious family law cases. If you are falsely accused of domestic violence in the San Fernando Valley, it is important that you defend yourself against the false claims. We have a great deal of experience in such cases. The courts take strong action to protect domestic violence victims, and you may face criminal charges if the allegations are not appropriately addressed. In addition, a restraining order usually will restrict or cut off access to your children.
A San Fernando Valley domestic violence lawyer can help in the following ways:
- Challenge the Evidence: A lawyer can help challenge the evidence presented against you, whether it is based on testimony, witness statements, or physical evidence.
- Defend Against False Claims: False accusations of domestic violence can have serious consequences, including criminal charges and custody battles. A lawyer can work to refute these claims and protect your reputation.
- Negotiate Plea Deals: In some cases, a lawyer can help negotiate a plea deal that minimizes the legal consequences of domestic violence allegations.
Why Hire a San Fernando Valley Domestic Violence Lawyer?
Navigating the legal system can be daunting, especially when dealing with the emotional and physical toll of domestic violence. A skilled San Fernando Valley domestic violence lawyer provides the legal expertise necessary to ensure that victims of abuse are protected and that those wrongfully accused have the best possible defense.
An experienced lawyer can:
- Offer Comprehensive Legal Guidance: A lawyer can explain the legal process, help you understand your rights, and provide clear advice on the best course of action.
- Represent You in Court: Whether you are seeking a restraining order, fighting criminal charges, or pursuing a family law case, a lawyer will represent you and advocate for your best interests.
- Ensure Your Safety: A lawyer can work to obtain the necessary protective orders and make sure your safety is prioritized at every step.
- Help You Navigate Complex Family Law Issues: In cases involving children or divorce, a lawyer will ensure that the legal process is handled efficiently, protecting your family’s well-being.
To secure the representation of an experienced and dedicated San Fernando Valley domestic violence attorney, contact us in Century City or Northridge by calling (818) 435-3773. We are here to help.
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“He is proficient in knowing the law and legal system. He invests extra time to research cases and provides a calm and confident presence.” - Former Client
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“Mr. Seidel represented me on a case that involved child custody issues, child support issues, spousal support issues, attorney fees, and the division of assets. He was prepared at all times, professional, and I could not be happier with his work and the ou” - Samuel (reviewed on Yelp)
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“Joel and his team are incredible. They coached me through and incredibly difficult custody battle that ultimately ended in my child and my favor.” - Viola C. (reviewed on Google)