Palm Springs Domestic Violence Lawyer

Palm Springs Domestic Violence Attorney

Domestic violence is a painful, emotional, and complicated situation that may feel like it is out of your control. It often comes at the hands of someone you trusted with your life and had complete faith in. Dealing with an act of abuse from a loved one could cause you irreparable mental and physical harm, and it is important to defend yourself. If you have been involved in a domestic violence situation, contact a Palm Springs domestic violence lawyer.

What Is Domestic Violence?

Domestic violence is defined as an act of harm visited upon you by your intimate partner. It doesn’t have to be your current partner. It can be someone you used to date or even someone you used to see casually. An abusive act from any of the following people counts as a domestic violence situation:

• A current or former spouse
• A current or former domestic partner
• A current or former boyfriend/girlfriend
• A current or former fiancé
• A person that you have had a child with
• A current or former romantic cohabitant
• A current or former romantic partner that you may have briefly dated

At its core, domestic violence stems from a painful, intimate relationship you may have had with the wrong person. A healthy relationship has no moments of domestic violence. You may have a conflict of emotions regarding this situation, but speaking to a family lawyer and working through the legal system could be the ideal way to protect yourself, especially if there are children involved.

Restraining Orders

One of the most effective ways you can protect yourself is to apply for a restraining order. This makes it illegal for your abuser to come anywhere near you, your property, your children, and even your pets. If a judge grants you a restraining order, you can ask for any of the following to be included in the order:

• Absolutely no contact from your abuser under any circumstances.
• Your abuser must remain a certain distance away from you at all times.
• Your abuser cannot harass, stalk, or threaten any of the people named in the order, including your family.
• Your abuser may not be allowed to possess firearms of any kind, including ammunition.
• If your abuser is living with you, they will need to move out as soon as possible.
• If you are married, they will have to pay you spousal support.
• If there are children, they will have to pay you child support.
• You can fight for sole custody of any children you may have with your abuser.

To ask a judge for a domestic violence restraining order, you do not need to pay a court fee. While a lawyer is not required, it can be immensely helpful to seek guidance from the right attorney who has experience in handling domestic violence cases. Especially, if your abuser contests the restraining order. Depending on the complexities of your case, the application process can take anywhere from a few weeks to several months. If children are involved, it can become even more complicated.

In 1994, Congress passed the Violence Against Women Act (VAWA), which recognized domestic violence as a federal offense. While most domestic violence situations will still be handled by state police and state governments, enforcing federal domestic violence laws can help ensure your abuser faces the consequences of their actions.

FAQs

Q: How Are Domestic Violence Cases Handled in California?

A: California handles most domestic violence cases through the criminal court system. If there are children or families involved, those cases tend to be handled through family or juvenile court, depending on the case at hand. Domestic violence cases are taken very seriously by the California authorities and are handled with the utmost care and respect for the victims. In Palms Springs, CA, federal law has made it illegal in certain cases for domestic abusers to possess firearms, which can be helpful.

Q: How Long Do Most Domestic Violence Cases Last?

A: A domestic violence case lasts as long as it takes to resolve it. This timeline varies from case to case, as every domestic violence situation is different. Some cases can take as long as a year to be resolved, while others are handled in just a few weeks. There is no way to determine an average. Every case has its own unique circumstances that have to be addressed in full.

Q: Which Type of Abuse Is the Hardest to Detect?

A: The hardest type of abuse to detect is emotional and/or psychological abuse. Physical abuse often causes bruising or scarring, which can easily back up claims of abuse. However, when the abuser is breaking down the victim’s mental health and trying to manipulate, control, and isolate them, it is much harder to prove. Emotional abuse is still incredibly painful and can factor into a restraining order or a domestic abuse trial.

Q: What Is the VAWA Act in California?

A: The Violence Against Women Act (VAWA) in California is a federal act that provides housing protection for domestic abuse survivors, as well as people who have escaped sexual assault and human trafficking survivors. It is a federal act that recognizes domestic violence as a serious problem and provides people of all genders and sexual orientations with assistance to escape dangerous situations. Its ultimate goal is to help survivors have a safe space to heal and determine what to do next.

Find a Palm Springs Domestic Violence Lawyer Who Works for You

Dealing with the fallout of a domestic violence situation can be unbearable. Not only is there a serious breach of trust from your partner or ex-partner’s actions, but you may feel unsafe, paranoid, and constantly in fear of retaliation from your abuser. We are prepared to help you take your next steps toward protecting yourself. At Edgar & Dow, we have the experience and the compassion to guide you through an intensely painful situation with grace and dignity.

You do not have to be alone in this. We handle domestic violence cases frequently and have helped many victims find peace and move past their trauma. Contact us to schedule a consultation as soon as you can. We are ready to help you fight against abuse.