Respected Domestic Violence Lawyers Defending North Hollywood and Southern California Clients
Domestic violence is treated very seriously in the state of California. Domestic violence differs from typical assault and battery in that it occurs between people in intimate and familiar relationships. The California Penal Code defines domestic violence as abuse between a spouse or former spouse; cohabitant or former cohabitant in a home; a parent with whom the individual has a child; or a partner in a dating relationship.
Domestic Violence Arrests
Due to the high level of discretion afforded to the officers responding to the scene, it is not at all uncommon for innocent people to be taken into police custody and charged with committing domestic violence. Police officers are required to arrest any party they suspect as having initiated the abuse and prosecutors may move forward with criminal charges even if the alleged victim decides to drop them.
Domestic Violence & Restraining Orders
Family law protective orders can be issued by family law courts in divorce, custody, and separation cases. Criminal protective orders are issued against defendants in criminal cases. While they differ in form, all the above orders share certain characteristics:
- You cannot own, use, or possess any firearms while you are subject to the order
- You can be criminally prosecuted for violating the order if the protected party claims you did so
- These orders are all filed with the police department
Generally, restraining orders are issued for three years. If you choose not to fight a restraining order, then for the three years it is in effect, you cannot have any guns and must stay a prescribed distance from the protected person. During this time, you may risk the possibility of being criminally charged if the protected person voices a complaint, whether true or not.
We are Here to Help
The team at Wegman & Levin is experienced in defending people in all types of domestic violence and restraining order proceedings. In family law cases, Wegman & Levin works hand-in-hand with your family law attorney to oppose the issuance of such orders. In criminal cases, it is the responsibility of the defense team to provide this representation. Wegman & Levin can be your shield from the imposition of unwarranted and undesirable consequences associated with restraining orders.