Temecula Domestic Violence Attorney

What is Considered Abuse?

The domestic violence laws define “abuse” as:

• 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 (like threats or promises to harm someone)
• Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property

Different Forms of Abuse

Forms of abuse include:

• Kicking
• Shoving
• Pushing
• Throwing things
• Scaring or stalking the alleged victim
• Preventing the alleged victim from freely coming and going

It also includes verbal, emotional, and psychological abuse, not just physical.

California Domestic Violence Laws

Domestic violence laws in California are very specific and complex, so Temecula domestic violence attorney, David Grande, will work diligently to prove that your case details do not satisfy every aspect of these domestic violence laws. Even if he can prove that your actions were not willful or done on purpose, this detail alone could benefit your likelihood of a favorable result.

Those convicted of domestic violence could face misdemeanor or felony punishments, depending on whether the defendant committed assault and battery or a corporal injury. Attorney Grande will analyze every detail connected to your case to find ways to reduce your charges or get them dismissed altogether.

Misdemeanor Domestic Violence

If you’re convicted of domestic battery, this misdemeanor is  punishable by:

• Up to a $2,000 fine
• Up to 6 months in jail
• Both fines and imprisonment
• A restraining order may be ordered against you
• You may be forced to participate in a rehabilitation program

Felony Domestic Violence

If you’re convicted of inflicting a felony corporal  injury on the victim, you may face:

• Up to a $6,000 fine
• Both fines and imprisonment
• A restraining order may be ordered against you
• A minimum of 1 year and a maximum of 4 years in jail
• You may be forced to participate in a rehabilitation program

Our domestic violence lawyer in Temecula has vast experience in defending clients against domestic violence charges, understanding that every case is different. 

Strong Defense Strategies 

Attorney David Grande can attempt to combat your accusations by using defense strategies such as:

• Self-defense
• Police misconduct
• Lack of evidence
• False allegations
• Accident
• Misidentification
• Domestic violence didn’t happen at all

What are the Penalties for a Domestic Battery Charge in CA?

In California, domestic battery is the unlawful and willful use of violence or force against a former or current intimate partner. If you are charged and convicted of domestic battery, you can face the following penalties:

• Up to a $2,000 fine
• Up to 364 days in jail
• Or both

If convicted, you may also be required to complete a batterers’ treatment program, pay to reimburse the victim’s counseling and pay a fine to fund a battered women’s shelter.

Domestic Violence Victims’ Rights

If you are a victim of domestic violence, California law allows you to seek various legal protections. Victims can request a restraining order (also known as a protective order) from the court to prevent the abuser from contacting or coming near you. 

There are several types of restraining orders available:

• Emergency Protective Order: Issued by a law enforcement officer, this order is immediate and lasts up to seven days, providing temporary protection until a full court hearing can be held.
• Temporary Restraining Order (TRO): A TRO can be granted quickly and lasts up to 21 days. It can include provisions such as no contact with the victim, removal from the home, and temporary custody of children.
• Permanent Restraining Order: If the court finds sufficient evidence of abuse, a permanent restraining order can be issued that lasts up to five years, with the possibility of extension.

These protective orders can help provide immediate safety and long-term protection from an abuser. If you are the victim of domestic violence, it’s crucial to seek the advice of an experienced domestic violence lawyer who can help you obtain the necessary protection and guide you through the legal process.

Additionally, victims of domestic violence may be entitled to file for damages. This could include compensation for medical expenses, lost wages, emotional distress, and other financial hardships caused by the abuse. A qualified attorney in Temecula can help ensure that you receive the full compensation you are entitled to under the law.

Understanding Your Legal Options

Cases involving domestic abuse can be intricate and emotionally intense. Whether you're dealing with accusations of domestic violence or are a sufferer of such abuse, comprehending your legal entitlements and alternatives is crucial. At The Law Office of David E Grande, our seasoned attorney specializing in domestic violence can offer the necessary assistance and direction to help you traverse the legal system.

Our legal services include:

• Defense against domestic violence charges
• Protection orders for victims of domestic abuse
• Legal representation in court proceedings
• Advocacy for victims of domestic violence
• Guidance on understanding and exercising your legal rights

To protect your rights and get the best possible outcome for your case, you must get legal counsel as soon as possible. Reach out to our committed domestic violence attorney to talk about your circumstances and explore the legal options that may be available to you.

Protecting Your Rights in Domestic Violence Cases

Domestic violence cases can be complex and emotionally charged, and it's important to have a knowledgeable and experienced Temecula domestic violence attorney on your side to protect your rights. Our team at The Law Office of David E. Grande is dedicated to providing strong legal representation for individuals facing domestic violence charges in Riverside County.

When you work with us, you can expect:

• Compassionate and confidential legal guidance
• Thorough investigation and preparation for your case
• Customized defense strategies tailored to your unique situation
• Advocacy for your rights in and out of the courtroom
• Clear communication and support throughout the legal process

Whether you are facing misdemeanor or felony domestic violence charges, we are committed to fighting for the best possible outcome for your case. Contact us today to schedule a consultation and discuss your legal options.