What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated?
What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated?
What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated? California has some of the strictest laws when it comes to restraining orders. If you have a restraining order filed against you and are found guilty of violating its terms, you can expect severe and immediate consequences. The first and perhaps most significant consequence is the legal penalty. Violating a restraining order…
Read More
California Domestic Violence Law | PC 273.5
California Domestic Violence Law | PC 273.5 Before we dive into the specifics of 273.5, it is important to understand what domestic violence is. Domestic violence refers to any type of violent or abusive behavior within a household or intimate relationship. This can include past and present roommates as well as intimate partners. Finally, this can include physical, emotional, sexual, or financial abuse. Choosing Wallin & Klarich to represent your…
Read More
Domestic Violence Restraining Orders: The Importance of Safety
The Importance of Safety with Domestic Violence Restraining Orders Domestic violence is a serious issue that affects millions of people every year. It is defined as any type of physical, emotional, or psychological abuse that occurs between two individuals in a domestic setting, such as a romantic relationship, cohabitation, or family ties. In the United States, each state has its own laws and procedures for addressing domestic violence. In the…
Read More
Self-Defense in Domestic Violence Cases in California
Domestic violence cases can be tricky, often devolving into a he-said, she-said situation. Sometimes, it can be difficult to recognize when physical actions are necessary in order to protect oneself and when such actions will only make the situation worse. In these cases, there is a thin line between self-defense and domestic violence. The Difference Between Self-Defense and Domestic Violence In order to understand the difference between self-defense and domestic…
Read More
Domestic Violence Bill Limiting Abusers Signed into Law
AB 2391: Domestic Violence Bill Limits Abusers This month, a new state bill has been signed into law in California, limiting the legal power that domestic abusers have on their victims. Assembly Bill 2391 was passed by the California State Senate and Assembly and was approved by Governor Gavin Newsom. It prevents abusers who are currently under a restraining order from filing baseless lawsuits in order to stay in contact…
Read More
Coercive Control Is Domestic Violence Under California Law
What Is Coercive Control? When we think of domestic violence, we often think of physical abuse. However, domestic abuse isn’t always physical. Coercive control is a form of domestic violence in which an abuser uses a pattern of abusive behavior to dominate their partner and limit their partner’s freedom. Although this can involve physical violence, it is often more subtle and can include other control tactics such as intimidation, isolation,…
Read More
Depp v. Heard: Effects on Future Domestic Violence Cases
The Case In the now Internet-famous case between Johnny Depp and Amber Heard, a Virginia jury found that Depp was defamed by Heard when she wrote an op-ed in The Washington Post in December 2018 claiming that she was a domestic violence survivor. The actors were in a relationship for five years and married for over a year beginning in 2015, but separated in a divorce during which Heard accused…
Read More
Domestic Violence Trends Skyrocket During Covid: 3 Signs of A Potentially Dangerous Domestic Relationship
The COVID-19 pandemic has caused people throughout the entire world to make changes and adaptations to their everyday lives. One of the changes that occurred forced many people to socially isolate themselves by quarantining in their own homes. Many people lost their jobs and those who did not were required to perform their jobs from home. The impact that COVID-19 caused on the social and livelihood stresses between families and…
Read More
How Do Domestic Violence Charges Get Dropped (PC 273.5)?
If you have been charged with domestic violence in California, you may be facing severe punishment. Corporal Injury on a spouse or cohabitant (California Penal Code Section 273.5) is punishable as a felony by up to four years in state prison and a $6,000 fine. If you are charged with a domestic violence crime, the first step you should take is to retain an attorney who is experienced in defending…
Read More
5 Steps You Need To Immediately Take If You Are Accused of Domestic Violence
From the moment you are arrested for domestic violence, every choice you make has the potential to influence the outcome of your case. It is important that you act quickly and take the following steps so you can have the best possible chance to successfully defend yourself against these serious criminal charges. 1. Do Not Resist Arrest If you are being arrested, you may have an urge to resist the…
Read More