San Bernardino Domestic Violence Lawyer

SAN BERNARDINO DOMESTIC VIOLENCE ATTORNEY

Few crimes are as emotionally or relationally damaging as domestic violence cases in San Bernardino, CA. If you’ve suffered physical, mental, or emotional harm from someone you love, you are likely experiencing hurt and confusion and may not know what to do next. The first step towards healing is to get help. If the abuse is recent and you have not already, call the police. Next, speak with a domestic violence attorney who can compassionately guide you through the remaining necessary steps to take so your healing can truly begin.

Teaming up with a tough and knowledgeable attorney will ensure that all of your rights are defended and upheld and that justice is duly served. From start to finish, your lawyer can work with you to process through the circumstances, navigate the difficult processes, and help you consider all appropriate avenues, options, and consequences. You need to be able to heal, and we are here to support you.

THE EDGAR & DOW, YOUR SAN BERNARDINO DOMESTIC VIOLENCE ATTORNEY

Our firm believes strongly in offering a sincere and compassionate approach that is tailored to each individual case. We, therefore, offer personalized counsel that listens to your story and walks you through choosing what is the most optimal choice for you. We understand people with cases involving domestic violence don’t want to drag a case out longer than it needs to be, which is why we work to be thorough yet concise. The sooner you can move beyond the circumstances, the sooner you can find peace again.

By prioritizing honesty and integrity in our counsel, our lawyers at the Edgar & Dow have been able to assist our clients in achieving favorable results in many cases throughout the last couple of decades. Contact a member of our team today. Let us work with you and your case and help you get your feet planted once again.

WHAT IS DOMESTIC VIOLENCE IN CALIFORNIA?

Under California family law, domestic violence involves any abuse committed by a current or former intimate partner against any one of the following:

• Present or former spouse
• Cohabitant
• Dating partner, fiancé, or co-parent
• Family member

While physical abuse is the most common form of abusive behavior, the California Family Code also includes other forms of abusive behavior, such as:

• Emotional, mental, or psychological abuse
• Sexual abuse
• Financial abuse or other economic control
• Controlling the victim through intimidation or other threats

Many harmful behaviors can deeply affect our well-being – not just physical violence. It is important to remember that the courts offer protection against any and all types of harm. If you’ve suffered any number of these types of abuse from someone you love, make sure you take the necessary steps to ensure it can’t happen again.

HOW IS DOMESTIC VIOLENCE CHARGED?

Any individual accused of domestic violence faces criminal charges. Depending on the specific details of the case and the severity of the alleged violence, they will be facing either a misdemeanor or felony charge.

• Misdemeanor. Penalties for committing this level of offense include fines, probation, mandatory counseling, and possible jail time. Domestic violence cases tend to remain misdemeanor charges when the harm caused does not result in any long-term or permanent physical damage.
• Felony. Penalties for committing this level of offense include more severe penalties, greater fines, and longer possible imprisonment. Felony charges arise when the severity of domestic violence has increased notably, typically leading to more noticeable and quantifiable injuries.

Prosecutors will ensure all appropriate determinations are made concerning the incident and will review other details from the case in order to accurately assign the correct charge. Your responsibility as the victim is merely to provide any and all evidence and supporting documentation to the law enforcement agency handling your case. Your lawyer can assist you in gathering this information thoroughly and presenting a strong case.

WHAT IS A RESTRAINING ORDER?

Everyone deserves to be safe from domestic violence in any and all of their relationships. Restraining orders are legal documents that aim to protect individuals from further abuse, threat, harassment, or other violence by another. Essentially a restraining order requires the person against whom the order is placed to keep away from and refrain from engaging in all forms of contact with the protected individual.

When you consult with your domestic violence attorney, they can counsel you through the different options available to you. Restraining orders carry legal consequences, and it is essential to follow all appropriate procedures in serving one. There are several types of restraining orders, including:

• Personal conduct orders. These orders restrict and prohibit contact, threats, attack, harassment, or any form of assault. Personal conduct orders prohibit certain kinds of behavior.
• Stay-away orders. These orders restrain the individual from entering within a certain distance of the protected individual, their home, work, child’s school, or other known highly-frequented locations.
• Residence exclusion orders. These orders require the individual to vacate and move out of a shared residence, even if they own or rent it.
• Child visitation orders. These orders address child custody and visitation arrangements in cases involving children.

Generally, restraining orders are temporary, though depending on the situation, a court may decide to issue a permanent restraining order. A temporary restraining order can be placed quickly to provide immediate protection for the victim against their abuser. Your attorney can assist you in getting one placed as soon as possible and begin walking you through each of the steps.

HOW DO I SERVE A RESTRAINING ORDER IN CALIFORNIA?

Whether you have been suffering from domestic violence for some time or this was the first incident, obtaining a restraining order against the one who committed the alleged crime will help ensure that it cannot happen again. To service a restraining order in California, you will need to follow these steps:

1. Request the restraining order. This step involves obtaining the appropriate documents, completing them, and submitting them to a judge. The judge may decide to issue a temporary restraining order effective immediately while waiting for further hearings.
2. Serve the restraining order. Once the order is complete, the person from whom you want protection must be served and given the papers in person. In no situation should you serve them yourself. You may instead choose someone to serve them for you, or you may enlist the help of law enforcement or a legal professional. A sheriff can serve the order on your behalf, or you can have your attorney do so.
3. Go to court. You will need to comply with all court procedures and requirements explaining why you need a restraining order. This is where you will have gathered evidence and witness testimony to support your case. Because the other party can gather their own evidence and witnesses to defend their case, it is essential that you partner with your domestic violence lawyer during this stage to build a strong legal case for your protection.
4. Follow up. If the judge grants a long-term restraining order, there may be further steps required. In either case, ensure you maintain copies of the restraining order with you to present to law enforcement if necessary.

For any and all questions regarding the process of obtaining a restraining order, how to serve one, or what the legal ramifications and long-term consequences will be going forward, speak with your domestic violence attorney, who will be happy to patiently assist you.

WHAT ARE THE EFFECTS OF DOMESTIC VIOLENCE ON VICTIMS?

If you’ve been the victim of domestic violence, it is likely you have already suffered more than you realize. It is important for a victim not only to know the legal steps to take following abuse, but to understand the impact that domestic violence could have on them personally. In defending your rights, it is just as important for you to address your mental health as it is to take legal action against the abuser. In this way, you will be better equipped to begin healing more fully.

The short- and long-term impacts of domestic violence include several potential physical and mental health conditions, ranging in levels of severity. They include, but are not limited to:

• Physical health
  • Bruises
  • Traumatic brain injury
  • Heart issues
  • Chronic pain
  • Reproductive issues

• Mental health
  • Post-traumatic stress disorder
  • Major depressive disorder
  • Anxiety
  • Substance abuse disorder
  • Diminished feelings self-worth
  • Thoughts of self-harm

Unfortunately, it is common for survivors of domestic violence to experience feelings of dissociation, difficulty with emotional regulation, and go through other self-destructive tendencies. Fortunately, there is help available, and many of these conditions are avoidable.

HOW DO YOU TREAT THE EFFECTS OF DOMESTIC VIOLENCE?

Mental health professionals with experience treating survivors of domestic violence will tout a trauma-informed approach as the most effective. This requires considering the distress a patient experiences with a view of how it has or will shape their thought patterns and beliefs. By doing so, mental health professionals are able to help empower patients and create a personal sense of safety.

Survivors of domestic violence require the appropriate time and process to begin to feel safe once again, even after the immediate danger of abuse is gone. This begins with practical steps, such as obtaining a restraining order, and continues with regular self-care and compassionate counseling.

Domestic Violence Lawyer FAQS

Q: How to File Domestic Violence Charges in California?

A: If you’ve been the victim of domestic violence in California, you should immediately contact the police to report the incident. Then, consider obtaining a restraining order for your protection. Once you are in a safe environment, you can begin gathering evidence and witness testimonies with which to assist law enforcement. When filing a domestic violence charge, it is important you consider seeking legal representation that can provide you with counsel, advice, and representation to ensure your rights are upheld.

Q: What Is the Domestic Violence Case Law in California?

A: The body of legal precedents and regulatory principles established by the courts that shape how the law is applied through various situations make up the California domestic violence case law. Case law provides guidance for attorneys, judges, and involved parties, covering issues such as restraining orders, evidence requirements, and protection for victims. The law defines domestic violence as any form of abuse committed against a family member, current or former spouse, intimate partner, or cohabitant.

Q: Who Represents Domestic Violence Victims in San Bernardino County?

A: The deputy district attorney in San Bernardino County assigned to the criminal case is responsible for representing domestic violence victims and prosecuting the offender. If you have additional evidence or information regarding the case, such as medical records or photos, you should contact the law enforcement agency that helped with the original report.

Q: Do You Need a Lawyer If You Are a Victim of Domestic Violence in San Bernardino County?

A: If you are a victim of domestic violence in San Bernardino, you do not need a lawyer to file a case against your abuser. By contacting the police department, a case will be made against your abuser, and the district attorney will assume responsibility for prosecution. However, hiring a lawyer is an important step as your personal attorney will be able to assist with other matters related to the case, such as issuing a restraining order against your abuser. An attorney can help you navigate the difficult aspects of your case, as well as offer legal support.

GET IN TOUCH WITH YOUR SAN BERNARDINO DOMESTIC VIOLENCE LAWYERS TODAY

If you have suffered any level of domestic violence or abuse, it is imperative you take action right away. Our caring domestic violence lawyers can walk with you through this difficult time and will work to protect your rights. You need strong representation that is highly skilled and extensively experienced. The Edgar & Dow have maintained an exclusive focus on family law, where the team has poured all of their efforts and resources into clients like you.

Start with a free consultation, and let us walk you through the steps toward a more peaceful recovery. Contact us today.