Orange County Domestic Violence Defense Attorneys

Domestic Violence Laws

Underreported and underprosecuted, domestic violence is a serious problem in the United States, which has one of the highest rates of abuse of any developed country. Luckily, victims of domestic violence have rights under United States and California law.

Whether or not a specific action is considered domestic violence under the law depends on the city and county in which you live. However, domestic violence can generally be prosecuted both as a crime and a civil lawsuit, in which the victim claims monetary compensation for physical and emotional damage resulting from domestic violence.

California's domestic violence laws were beefed up substantially in the early 2000s. Domestic violence is automatically prosecuted as a crime in some jurisdictions, and measures have been put into place to ensure the enforcement of protective and restraining orders, which provide protection for the victim. California law requires that a person found in violation of a protective or restraining order be taken into custody, though they are not required to undergo prosecution after arrest. In addition, domestic violence cases in California are pursued regardless of whether the victim wishes to cooperate.

Under California law, current spouses and co-habitants can be prosecuted for domestic violence, but so can former co-habitants and spouses. This protects people who face ongoing danger from an ex-spouse or -boyfriend who engages in violent or abusive behaviors such as stalking or unwanted contact. In addition, California law requires police to remove firearms from any scene where domestic violence is suspected or being prosecuted and requires Family Courts to remove custody rights from a proven domestic violence perpetrator in order to protect children.

California even provides a housing subsidy to domestic violence victims, giving them up to $2,000 for relocation. The state also makes it easy for a victim to gain access to their police report and protects them from being fired or discriminated against at work if they need to take time off to deal with domestic violence.

Depending on the case, perpetrators may be subject to restrictive protective orders that control their contact with children, contact with the victim, and conduct in society. However, each domestic violence case varies and a thorough investigation is essential to each case. If you are charged with or being investigated for domestic violence or any form of abuse- sexual/physical or psychological- contact Wallin & Klarich immediately. We understand the dynamics of these kinds of cases and can help you a great deal. The stakes are too high not to.

If you have been accused of domestic violence, don't despair. Each case is different, and you still have rights under the law. A California domestic violence defense lawyer with a proven track record, a compassionate attitude, and the resources to help you fight back in court can make the difference between imprisonment and a life-long criminal record and freedom. Contact the lawyers at Wallin & Klarich today for a free consultation on your domestic violence case. We specialize in seeking justice - and results - for each of our clients.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing domestic violence charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6806 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.