Fresno Domestic Violence Lawyer

Fresno Domestic Violence Attorney

Domestic violence is a serious problem, and accusations should not be taken lightly. When an individual shows patterns and behaviors of domestic violence, it can lead to serious injuries and have a profound negative impact on those experiencing the abuse. If you have been accused of domestic violence or are the victim of domestic violence, it is vital that you retain the legal services of a Fresno domestic violence lawyer who can ensure your rights are protected.

Chase Family Law: Skilled Domestic Violence Attorney

At Chase Family Law, your safety is our number one property, and we can fight to ensure you and your loved ones are kept safe from harm. If you have been personally victimized by domestic violence, our family law attorney can help you secure a necessary restraining order, file civil damage claims, and even pursue criminal charges.

If you have been falsely accused of domestic violence, especially in a child custody or divorce case, our family law attorney can help you defend against these false claims and protect your rights in your family law case.

Defining Domestic Violence in Fresno, California

In Fresno, California, domestic violence is a term that can be used to describe the abuse or violence that takes place between members of a family or those in an intimate relationship. This abuse can occur between two or more members of the same family, household, or relationship. Individuals typically involved in domestic violence cases can include the following:

• Current or former spouses
• Current or former dating partners
• Children
• Parents
• Grandparents
• Relatives by blood
• Relatives by marriage

Domestic violence can take many different forms, including the following common forms:

• Hitting
• Scratching
• Punching
• Controlling finances
• Issuing threats
• Using intimidation
• Using humiliation
• Verbal abuse, such as name-calling or belittling
• Mental manipulation
• Stalking
• Biting
• Throwing objects
• Forced sexual activity
• Child abuse and endangerment
• Elder abuse, such as actions of physical harm, neglect, endangerment, financial fraud, and emotional harm

Can Domestic Violence Affect a Family Law Case?

Not only can a domestic violence case trigger certain civil or criminal issues, but it can also complicate any family law matters that may currently be in process or arise in the future. Domestic violence allegations typically affect a divorce or child custody case more significantly.

Domestic Violence and Divorce

In a divorce case, you do not need to cite any reason for divorce and can simply seek to obtain a no-fault divorce. This means that if there is domestic violence present in your marriage, you do not need to provide proof to the court to secure a divorce. This can be good news for abuse victims, as they can separate from their spouse without having to voice any of the reasons they are seeking the divorce.

If you can provide proof and achieve a conviction against your spouse for domestic violence, this can help your divorce case. A successful conviction in Fresno could help ensure you walk away from the divorce with the favorable outcome that you deserve.

Domestic Violence and Child Custody

In California, courts like the Superior Court of Fresno generally try to ensure that both parents share some form of joint or legal custody after a divorce or separation. These arrangements would keep a child in contact with both of their parents if the courts deem that such an arrangement would be in the best interests of the child.

In cases where one parent may pose a threat to their child, the courts can revoke some of their parental rights. In these situations, especially if the victimized parent is seeking sole custody of the child, certain forms of evidence can be essential in proving domestic violence has occurred in the home. These forms of evidence can include the following:

• Video footage
• Voice recordings
• Hospital records
• Photographs
• Police reports
• Eyewitness statements
• Documented calls to certain California support groups for abuse assistance

Evidence That Can Help Parents Accused of Domestic Violence Retain Custody

However, even if there is evidence of abuse in a case, this does not mean that the parent will automatically lose their custody rights. A court will first consider all the provided evidence alongside any evidence presented by the party who is being accused of violence. If a parent has a proven record of domestic violence, they still may be able to retain custody if they can show they have changed their pattern of behavior and reformed. Evidence can include:

• Completion of certain parenting classes
• Completion of alcohol or drug abuse programs
• Completion of domestic violence treatment programs
• Compliance with the terms of any existing or past restraining order, probation, parole, or jail time

Why Victims Need a Domestic Violence Lawyer

With one in three women and one in six men experiencing intimate partner violence, it’s important to know what to do as a victim. If you’re experiencing domestic violence, having a lawyer on your side can help protect your safety and your family. Domestic violence situations are often emotionally overwhelming, and many victims are unsure where to turn for help. An attorney can explain your legal options and guide you through the process of seeking protection.

An attorney can help you request a domestic violence restraining order and prepare the evidence needed to support your case. This can include texts, photos, police reports, medical records, and witness statements. Having strong documentation can improve your chances of obtaining a long-term protection order.

Domestic violence penalties often impact other areas of family law, like custody battles, divorce, and financial support. Working with an attorney can help you understand how the state’s domestic violence laws can factor into those cases.

How to Leave an Abusive Spouse

When you are involved in an abusive relationship, it can cause lasting physical, psychological, and emotional injuries. While leaving an abusive partner is one of the most important decisions you can make for your own safety and the safety of any affected loved ones, it can also be one of the most difficult decisions to make.

This can especially be the case if any minor children are involved. If you plan on leaving an abusive partner with whom you share children, it is vital that you have a plan in place that includes documented evidence of the abuse, a safe place to go to, and a clear understanding of the legal proceedings that may lie ahead.

FAQs

Q: How Long Does a Domestic Violence Restraining Order Last?

A: A domestic violence restraining order can last for different lengths of time depending on the type of order issued. An emergency protective order may last only a few days, while a temporary restraining order typically remains in place until the court hearing. After the hearing, the judge may grant a long-term order that can last for years. In some cases, an order can be renewed before it expires if continued protection is necessary.

Q: What Are the Three Rs of Domestic Violence?

A: The three Rs of domestic violence are recognize, respond, and refer. Recognizing means identifying signs of abuse, such as threats, controlling behavior, physical harm, or emotional manipulation. Responding involves taking the situation seriously, offering support, and helping create a safety plan. Referring means connecting the victim with helpful services and resources, such as a shelter, counselors, law enforcement, or a Fresno domestic violence attorney.

Q: How Much Does a Domestic Violence Attorney Cost?

A: The cost of a domestic violence attorney varies depending on the complexity of the case and the experience of the lawyer. For a simple case, you can expect to pay less than if you have a more complex family law matter. Similarly, an experienced lawyer typically charges a higher fee than a newer attorney, but you’ll likely benefit from their background and knowledge. It’s important to discuss your attorney’s fee structure when you first meet with them.

Q: Can Domestic Violence Impact Custody Decisions?

A: Yes, domestic violence absolutely can impact child custody decisions. Family courts prioritize the child’s well-being and best interests when determining custody and visitation. If a parent has a history of domestic violence, the judge may limit custody rights, require supervised visitation, or issue protective orders to protect the child and the other parent. Evidence such as police reports, restraining orders, witness statements, and medical records may be considered during the case.

Hire a Domestic Violence Lawyer Today

Domestic violence can ruin families and cause serious physical injuries and, in some cases, even lead to death. It can be nearly impossible to reverse some of the damage done in a domestic violence situation. If you have been victimized by domestic violence, it is vital that you know and understand the legal options available to you so that you can keep yourself and your loved ones safe. It is also important to know that help is available.

At Chase Family Law, our attorney has over 30 years of experience in family law and has seen how domestic violence can affect families and ruin relationships between loved ones. If you are a victim of domestic violence, Chase Family Law is here for you. Contact our office today to schedule an initial consultation with our attorney and learn how we can advocate for your and your family’s protection.