San Bernardino Domestic Violence and Abuse Lawyers
Schedule Your Confidential Consultation With Our San Bernardino Domestic Violence Attorney
With years of experience in family law, our San Bernardino Domestic Abuse attorneys at The Law Office of Joyce M. Holcomb can assist you with your domestic violence/abuse matters. With a qualified San Bernardino domestic violence attorney who knows the law, you can get a favorable resolution for your domestic abuse case. Don’t tackle domestic violence issues on your own. Find a San Bernardino domestic abuse attorney that will fight for your rights.
If you have any questions about domestic violence and family law, we are here to help. Contact us at our San Bernardino law office today to set up a strictly confidential consultation with an experienced, compassionate, and solutions-focused California domestic violence attorney.
Domestic Violence in California: Defined
Unfortunately, domestic violence remains a serious problem. According to the most recent data from the California Department of Public Health (CDPH), one in five women and one in seven men report that they have personally endured abuse at the hands of an intimate partner. Domestic violence is a crime in our state. When charges are filed, most of these cases are prosecuted under California Penal Code Section 243(e)(1). There are two main elements of the offense:
- Battery: In California, battery is the willful and unlawful use of force or violence upon the person of another. To be convicted of battery, the prosecution must prove that the defendant intentionally and illegally touched the victim in a harmful or offensive manner. The touch does not need to cause pain or injury. Any unwanted physical contact can qualify as battery if it is done in a rude, angry, or disrespectful manner.
- Relationship: Domestic violence requires a qualifying relationship between the perpetrator and the victim. In California, the relationships listed under the law include a spouse, cohabiting romantic partner, co-parent, and persons with whom the alleged abuser has or had a dating-like relationship,
The criminal penalties for misdemeanor domestic battery in California are severe. A person could face up to one year in jail if convicted. Of course, a felony domestic violence offense carries even more serious penalties. In California, felony domestic violence charges are generally filed if the abuser is a repeated offender and/or if the victim sustained a serious bodily injury. In California, there is also a separate civil family law process to protect victims of domestic violence.
Opening a Domestic Violence/Abuse Case in San Bernardino, CA
If you have been a victim of domestic abuse, you may be confused about your options. A judge can grant an order of protection that will keep an abuser from contacting or harming you. Your San Bernardino domestic abuse lawyer will gather the necessary evidence for the court to reach a decision. If there are children involved, a judge can grant an order of protection for their safety. The key is to act quickly to secure the best possible outcome and keep your family as safe as possible.
Dealing with domestic abuse issues in the context of a divorce case can be complex. Document any incidents and gather any police reports that you may have. If there are witnesses to any domestic abuse, they may be called to testify on your behalf. Give your San Bernardino domestic violence lawyers all of the information that you have at your disposal. They will be able to research past cases and fight for your rights.
Defending Domestic Abuse Case in San Bernardino
Defending San Bernardino domestic violence cases also take a skillful San Bernardino Domestic Abuse attorney because if a restraining order is granted it can affect your employment and constitutional rights. There is no doubt that domestic violence is a serious problem. Victims need protection. At the same time, that does not mean that every allegation is fair, accurate, substantiated, or the whole story. If you are facing an allegation of domestic violence in a family law court, it could have serious implications for your rights—especially if you are a parent. Contact our San Bernardino domestic violence lawyer for immediate help.
Understanding the Domestic Violence Protective Order Process in California
How do domestic violence cases work in family law courts in California? The primary legal tool that is used to protect victims is called a protective order. You may also hear a protective order referred to as a domestic violence restraining order. Here are the key things to know about the domestic abuse protective order process in California:
- Domestic Violence Protective Order (Defined): A Domestic Violence Protective Order (DVPO) is a legal injunction issued by a court to protect individuals from abuse or threats in a close relationship. It restricts the abuser’s actions, often including contact with the victim. The violation of such an order can result in an immediate arrest.
- An Emergency Protective Order Usually Come First: A victim in California can file a petition for a temporary protective order. An emergency order can be put in place based only on allegations. It will last either five business days or seven calendar days. The court could also put a temporary ex parte protective order in place that lasts up to three weeks.
- A Full Hearing Will Be Scheduled: When an emergency or temporary order is put in place, notice will be served on the (alleged) abuser. A hearing for a full order will be scheduled. Both parties have the right to attend that hearing and present their case, including things like personal testimony, police reports, witness statements, and photographs. A full protective order for domestic violence can last for up to five years in California.
Why Rely On the Law Office of Joyce M. Holcomb in a Family Domestic Violence Cases
Domestic violence cases should always be handled with the highest degree of care, compassion, sensitivity, and proactive. Our founder and lead attorney, Joyce M. Holcomb, is a Certified Family Law Specialist committed to protecting the safety, rights, and future of clients. As she is the only female who is a Certified Family Law Specialist within the City of San Bernardino, she brings a unique level of insight and experience to her clients’ cases. When you reach out to our San Bernardino law office, you will have an opportunity to consult with a California domestic violence attorney who can:
- Listen to your story and answer your questions;
- Investigate the matter, gather evidence; and
- Take proactive steps to protect you, your family, and your rights.
Contact! Domestic Violence Attorneys in San Bernardino, CA
Serving the San Bernardino and Riverside Counties, The Law Office of Joyce M. Holcomb prides itself on providing personal attention to every client. Our San Bernardino Domestic Abuse lawyer will work diligently, seeking the best possible resolution in your case. If you have any questions about your rights, we are here to help. Call 909-889-7111 for a free consultation today. Your initial consultation is always strictly confidential, and there are no obligations.
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