Claremont Domestic Violence Lawyer

It isn’t uncommon for family members to have disagreements. However, when an argument becomes physical or includes emotional, mental, or verbal abuse, those are signs of something much more serious. If you or a loved one is experiencing this type of abuse in Claremont or elsewhere in Los Angeles County, it may be time to consult a Claremont domestic violence lawyer at All American Law for guidance and legal support.

What Is Domestic Violence?

Domestic violence occurs when a person in a relationship uses abusive behaviors to control the other person through intimidation, fear, blame, or humiliation.

Under California Penal Code 13700, domestic abuse can happen between anyone in a close relationship with another, such as married spouses, significant others, parents and children, and even roommates.

Sadly, domestic violence is an all too common occurrence in California. According to the 2023 Los Angeles County Health Survey (LACHS), 19% of Los Angeles County residents reported experiencing some type of domestic violence.

There are several different types of domestic violence, including:

• Economic abuse. This is when a partner controls their partner’s access to money, even if the funds belong to the other partner.
• Emotional abuse. This occurs when a partner constantly makes a person feel worthless.
• Physical abuse. This may include hitting, punching, or pushing, as well as forcing someone to use drugs or alcohol against their will.
• Psychological abuse. This involves using fear tactics, forced isolation, and threatening physical harm.
• Sexual abuse. Sexual abuse happens when a person is coerced into sexual contact without their consent.
• Technological abuse. This occurs when someone tries to harm their partner using technology, such as social media, cellphones, tracking devices, and imaging programs.

Understanding California’s Domestic Violence Laws

In California, domestic violence can be charged as either a misdemeanor or a felony, depending on the type of abuse and situation. Under California Penal Code 273.5, a person who intentionally inflicts a physical injury on another person with whom they have a close relationship can be charged with either a felony or a misdemeanor. The type of charge depends on several factors, including the type of injuries, the situation, and the aggressor’s criminal history.

A person found guilty of a misdemeanor domestic violence charge by the County of Los Angeles Superior Court usually faces up to one year in jail, costly fines, probation, and court-ordered participation in a violence batterer’s treatment program.

More serious felony convictions can result in multiple years in a state prison, thousands of dollars in fines, formal probation, and a felony record.

Why You Should Hire a Domestic Violence Lawyer

Being a victim of domestic violence is an extremely upsetting and traumatic experience. While California has tough domestic violence laws in place, proving guilt or innocence can be very difficult to do, especially when there isn’t any physical evidence or witnesses to the alleged abuse.

A Claremont domestic violence attorney can walk you through the process of filing a police report and protective order, if necessary.

In addition to representing victims of domestic abuse in Claremont, California and throughout Los Angeles County, All American Law also represents those charged with domestic violence offenses, providing legal guidance and defense throughout the criminal court process.

For those seeking protection, your attorney will help build a comprehensive case strategy that may include:

• Any possible documentation, including a journal or other written account of incidents with details and dates
• Medical-related evidence, such as injury photos and medical records
• Digital records, including social media posts, emails, texts, and digital images or videos
• Previous complaints or reports filed by the police
• Statements from witnesses

For clients facing domestic violence charges, a lawyer can review the evidence, examine police reports, and identify potential defenses under California law. Legal counsel may also assist with bail hearings, negotiations with prosecutors in Los Angeles County courts, and representation at trial when necessary.

FAQs

How Long Does It Take to Build a Domestic Violence Case?

How long it takes to build a domestic violence case depends on the complexity of your case, the availability of evidence, and any other legal matters a person may also be involved with, such as divorce proceedings. Your Claremont domestic violence lawyer will be able to provide you with a timeline estimate after your initial consultation.

Do You Need a Lawyer for a Domestic Violence Case in California?

While you technically don’t have to have a lawyer for a domestic violence case, it can be extremely difficult to act as your own legal representation on a subject that can be traumatic and emotionally painful. A domestic abuse lawyer who is knowledgeable of California’s domestic violence laws can make all the difference in building you a solid case to help you seek the justice you deserve.

What Is the Statute of Limitations for Domestic Violence in Los Angeles County?

In most cases, a victim of domestic violence has up to five years to come forward, report the abuse to the police, and start legal proceedings. Many times, domestic abuse victims are hesitant to report these types of violence to the police due to fear of retaliation. Having a five-year period to take legal action against domestic violence offers victims the extra time they may need to report it safely.

When Should I Get a Restraining Order for Domestic Violence?

You can petition a judge for a restraining order at any time that you or your children are being abused by someone you live with. There are a few forms you will need to fill out that include details on the domestic abuse you’ve been experiencing. If you are in need of a restraining order for domestic violence, hire a Claremont domestic violence attorney to help you through the process.

Experienced Representation From a Los Angeles County Domestic Violence Lawyer

No type of violence or abuse from a family member or someone you are in a close relationship with is ever okay. Being a victim of domestic violence can be distressing and scary, and can lead to feelings of shock, guilt, and embarrassment.

Our legal team at All American Law is at your disposal for when you’re ready to get the help you need to get out of a painful and dangerous situation. For over 30 years, our lawyers have been helping Los Angeles County families resolve their challenging legal issues and find peace of mind.

If you need to hire a domestic violence lawyer, call our office today to find out how we can assist you.