Fairfield Domestic Violence Attorney
What is Considered Domestic Violence in California?
Domestic violence refers to abuse or threats of abuse committed against an intimate or domestic partner, such as a spouse, someone they were previously in a dating relationship with, someone they live with or lived with, or someone they have children with. Domestic violence can also occur between those related by blood or marriage.
In the context of California’s domestic violence laws, “abuse” refers to:
- physically hurting or trying to hurt someone intentionally or recklessly;
- sexual assault;
- making someone reasonably afraid that they or someone else are about to be seriously hurt (such as through threats or promises to harm someone); or
- behavior like harassing, stalking, hitting someone, disturbing their peace, destroying someone’s personal property.
Note that the abuse does not have to be physical to be considered domestic violence. Abuse can be verbal, emotional, or even psychological.
If you have legal questions or concerns about your domestic violence case, whether you are looking for a Fairfield domestic violence attorney or someone to help you petition for a restraining order, the Law Office of Tim A. Pori can help you. We represent both the wrongfully accused and those who have been victim to domestic violence. With 24 years of practical experience and a strong reputation in the San Francisco Bay Area legal community, the Law Office of Tim A. Pori is well-equipped to handle even your most complex legal matters.
If you’ve been accused of domestic violence, you could face a range of penalties upon conviction. Most convictions will order:
- a minimum jail sentence of 30 days;
- payment of victim restitution (e.g., medical bills and lost wages of the alleged victim);
- $500 fee to fund state domestic violence programs;
- year-long batterers’ program.
The defendant may also lose custody rights if they have minor children, as well as their right to own or possess a firearm. However, Attorney Tim A. Pori has experience helping clients recover their firearm rights in even the most complex cases, so he can take a look at your case to help you determine your legal options.
Note that you may also face misdemeanor penalties if you violate the terms of a domestic violence restraining order (below) against you. For help fighting a restraining order, don't hesitate to contact our firm!
Is Domestic Violence a Felony in CA?
An act of domestic violence will be charged as a misdemeanor or felony based on the facts of the case, such as:
- The age of the alleged victim
- The extent of bodily injury, if any
- The use of weapons, if any
This means that even a first-time domestic violence charge may be treated as a felony. For this reason, it is crucial to consult a DV lawyer as soon as possible.
On the contrary, if you are someone who has been a victim of domestic violence, you can seek legal protection through a court-issued restraining order. You can also file a restraining order on behalf of your child to protect your child (and other family members).
Note that there are several types of restraining orders – emergency protective orders (EPO), temporary restraining orders (TRO), permanent restraining orders, and criminal protective orders (“stay-away” orders). EPOs are emergency orders that start right away upon issuance and can last up to 7 days, which should give you enough time to go to court to file for a TRO. The TRO lasts between 20-25 days until the court hearing date that determines whether you can obtain a permanent order that may las up to 5 years. In cases of domestic violence that involve criminal charges, the court may further issue a criminal protective order against the defendant while the criminal case is going on, and, if the defendant is found guilty or pleads guilty, for 3 years after the case is over.
A domestic violence restraining order can order the alleged abuser to obey a number of terms, including:
- not contacting or going near you, your children, other relatives, or others who live with you;
- staying away from your home, work, or your children’s schools;
- moving out of your house;
- relinquishing your firearms;
- paying child support and/or spousal support;
- not incurring large expenses or doing anything significant to affect your or the other person's property if you are domestic partners;
- making changes to insurance policies; and
- completing a 52-week batterer intervention program.
Whether you have been wrongfully accused of domestic violence, another violent crime or seek to take legal action against an abuser, Attorney Pori can handle your case. Our Fairfield domestic violence lawyer represents both sides in domestic violence cases, so you can trust that we know how to prepare against the prosecution’s methods and the defense’s strategies. Let the Law Office of Tim A. Pori defend you against your domestic violence charges or help you petition for a permanent restraining order to protect you and your family against impending violence.
- A Great Trial Lawyer that Loves a Good Fight
- Well-Known & Respected by Judges & Peers
- Tim is a Certified Criminal Law Specialist by the State Bar of CA
- Over 23 Years of Legal Experience