Domestic Violence

 

Domestic Violence can destroy individuals, families and livelihoods. Moreover, the pain and suffering of being in an abusive relationship is often exacerbated by the stigma attached by society, making day-to-day existence embarrassing and unbearable.

While domestic violence is obviously not condonable, not all situations are the same, and there are instances where misunderstandings can inadvertently turn into to full-scale legal battles threatening the sanctity of family and relationships. In Domestic Violence situations, a competent, dependable attorney becomes invaluable.

 

 

What is Domestic Violence?

Domestic Violence is physical or threatened violence or abuse that occurs within the following relationships:

  • Marriage (also called spousal abuse)
    • Can continue despite the marriage being dissolved
  • Cohabitation
  • Shared Custody Arrangements
  • Dating (past/present) Relationships

While most commonly viewed as occurring between couples, Domestic Violence also extends to child endangerment. Typical activities that constitute domestic violence include:

  • Physical Abuse or Assault
    • Hitting, pushing, pinching, punching, beating, hair pulling, slapping
  • Sexual Abuse
    • Unwanted sexual touching, forced sexual acts
  • Verbal Abuse
    • Emotional cruelty, constant criticism, degrading remarks
  • Social Abuse
    • Isolating the victim from family and friends, violating the victim's privacy, outward jealousy and possessiveness
  • Financial Abuse
    • Withholding money from the victim, not allowing the victim to work
  • Intimidating
    • Stalking
  • Child Abuse

The mere threat of violence can be sufficient grounds for prosecution.

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What Types of Charges Might Be Filed Against a Possible Abuser?

Both misdemeanor and felony charges might be filed in domestic violence cases, depending on the severity of the act and injuries involved. It is ultimately the Prosecutor’s choice whether or not to file a felony.

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What Types of Punishments Might an Abuser Face?

Depending on the charges brought, an abuser could face up to one year in jail from a misdemeanor charge and at least two years imprisonment under a felony conviction. Whether under a misdemeanor or felony, a convicted abuser faces counseling, community service, physical labor, fines and restraining orders.

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What Recourse is Available To Those Affected by Domestic Violence?

All too often the victims of domestic violence find themselves wrapped-up in a legal whirlwind searching for a way out. They want to move forward with their lives, protect their families and put the ordeal behind them, yet the justice system often offers no relief aside from the tribulations of prosecution.

In California, a victim cannot drop Domestic Violence charges. Once an arrest has been made, the decision of whether or not to proceed with criminal action lies with the Prosecutor. This is the case regardless of whether the victim decides to cooperate and/or testify. In fact, refusing to cooperate or attempting to drop the charges can result in legal repercussions for a victim. When faced with these hardships, there is a place for victims to turn: there is someone who can help.

Long Z. Liu understands the difficulty victims of domestic violence face in putting their lives back together. Whether you are a victim looking to help aid in a loved one’s rehabilitation, a parent looking to distance his or her children from an abusive spouse, or an individual attempting to seek protection from an aggressor, Long Z. Liu can help. The laws of domestic violence are complicated and you should not have to go through the legal process alone. Contact us today for a free consultation. We are willing to work with all income levels to help assure the health, safety and happiness of all those tragically affected by domestic violence.

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