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Domestic Violence Defense

Restraining Order Defense

 

If you have been wrongfully accused of domestic violence or the claim is highly exaggerated, you need the representation of experienced legal counsel.

If you have been arrested for domestic violence, also called spousal abuse, domestic abuse, and family violence, or have been served with a domestic violence restraining order, please contact us for a no-cost initial consultation.

Domestic violence laws in California are complex and the definition of domestic violence is very broad.

An arrest alleging domestic violence generally results in more than one case. The first case is the criminal case where the arrested person has been charged with one or more sections of the California Penal Code. A second case usually involves a civil restraining order. A third case for dissolution of the marriage is also common. Finally, a person accused of domestic violence can be sued in civil court for monetary damages.

A person arrested for assault and battery, in connection with spousal abuse, who holds a professional license such as a teacher, nurse, doctor, engineer, stock broker, attorney, real estate broker or agent, or pilot is at substantial risk of having the licensing agency seek the suspension or revocation of the license.

A person accused of domestic violence who has a security clearance, such as employees of government contractors, police, and fire fighters, are at risk of facing the revocation of their security clearance.

Anyone owning a firearm, or who is required to carry a firearm as part of their profession, may be barred from owning or possessing one.

Lastly, if a person is not a United States citizen, any conviction of a crime involving violence can result in denial of naturalization or deportation from the United States.

Being accused of domestic violence is a very serious matter.

 

What is Domestic Violence?

 

Domestic Violence is considered to be behavior used by one person to try and control, dominate, intimidate, demean, and scare another person into doing what they want. It is a power and control issue. Various methods are used. They include but are not limited to verbal threats to kill, frighten, intimidate, or humiliate; physical assaults; sexual assaults, emotional assaults; psychological assaults; isolating the partner by prohibiting friendships and associations, sometimes even with family; threatening to take the children; and taking away money to isolate the partner financially. In some cases the behavior repeats for many years until the victim gets tired of being abused and files for a restraining order through the Superior Court. Physical and sexual assaults, as well as threats to kill, are against California law. If a person is arrested for domestic violence and prosecuted in the Criminal Court, jail time can be ordered. It is a very serious issue. If it occurs in front of children it is considered emotional abuse on the children.



Please call Michael Chulak for a no-cost initial consultation regarding a claim of domestic violence or for any other legal matter.

 

 
 










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