Are you currently facing allegations of domestic violence? Men accused of domestic violence are often caught on the back foot, and the experience can be emotionally challenging. Family courts don’t fully see the reality of domestic relationships, and they can have biases against men due to societal preconceptions.
Whether you are facing accusations of domestic violence or are seeking a protective order against abuse, a fathers’ rights lawyer in Chula Vista can help explore your options. At Reel Fathers Rights, our team has decades of collective legal experience.
We have appeared in every family court in Southern California and understand the unique challenges men face in this arena. Contact our offices today to discuss your case with a domestic violence lawyer in Chula Vista.
How California Defines Domestic Violence
Domestic violence in California is defined as abuse that is committed against someone with whom the perpetrator has a domestic relationship.
This includes violence against:
- A spouse or former spouse
- A current or former romantic partner
- A coparent
- A child of one parent
- A cohabitant in the same household
- A blood relative (up to the second degree)
Abuse can be physical or emotional, and involves a wide swath of behaviors like hitting/striking, threats, intimidation, breaking objects, shouting, stalking, and controlling finances.
Importantly, behaviors don’t have to cause actual physical injury to be considered domestic violence. Any behavior that gives the victim a reasonable apprehension of immediate violence can count.
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Penalties for Domestic Violence in Chula Vista
The penalties for criminal domestic violence depend on the underlying nature of the abuse and the criminal charge.
There are several criminal charges that may be relevant in a domestic violence case:
Corporal Injury to Spouse or Cohabitant
Causing physical traumatic injury to a spouse or cohabitant can be either a misdemeanor or a felony offense, depending on the severity of the injury.
A misdemeanor can carry a one-year sentence in county jail, while a felony charge may carry a two, three, or four-year sentence in a state prison.
Domestic Battery
Domestic battery is defined as the use of force against a domestic partner, regardless of injury. Battery does not require there to be a physical injury and can involve any kind of contact, such as shoving or grabbing.
Domestic battery is typically charged as a misdemeanor carrying one year in jail.
Violating a Restraining Order
Violating the terms of a protective restraining order is typically a misdemeanor, but it can be a felony if there is a history of violating orders or other aggravating factors, like the perpetrator injuring the protected party.
Criminal Threats
Criminal threats involve physically or verbally intimidating the victim to make them afraid for their safety. The threat must be credible and cause the victim to reasonably believe that they are in danger.
Criminal threats can be a misdemeanor or felony offense.
Stalking
Stalking involves repeatedly following and harassing a victim, causing them to fear for their safety.
Stalking is usually a misdemeanor but can be elevated to a felony charge if there is a history of the behavior or threats of violence.
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Domestic Violence Restraining Orders (DVRO)
In cases of domestic violence, the victimized party can request a Domestic Violence Restraining Order (DVRO). An order can force the temporary separation of the two parties to stop potential abuse while the case is litigated.
The evidentiary standards for securing a DVRO are relatively low, but the initial order is temporary. After the court grants a temporary order, there will be a hearing to determine whether a permanent order is necessary.
It is important that you work with a domestic violence lawyer in Chula Vista quickly to handle restraining orders and resulting legal proceedings.
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How Domestic Violence Can Impact Custody Arrangements
Domestic violence can also have a massive impact on custody decisions made by the court. If one parent is convicted of domestic violence, there will be an automatic presumption against granting custody.
If you currently have custody, a conviction can result in the revocation of custody and visitation rights.
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How a Fathers’ Rights Lawyer Can Help
Domestic violence proceedings are emotionally fraught, and investigations can result in violations of your privacy and dignity.
We have extensive experience providing legal representation in domestic violence cases and can offer our support in a number of ways:
- Investigate the incident and gather evidence
- Help you navigate restraining and protective orders
- Obtain testimony from relevant parties
- Represent you at custody hearings
- Defend you during a criminal trial
Domestic violence cases impinge on the most private aspects of our lives and deserve a tactful approach. We can conduct our own investigation to identify the facts of the case and represent your interests to the best of our ability.
Domestic Violence Lawyer for Men in Chula Vista
A domestic violence conviction can radically change one’s life, leading to a loss of freedoms and damage to one’s reputation. At Reel Father Rights, we can protect your rights when embroiled in a domestic violence dispute. We can hear your side of the story and work to secure justice on your behalf.
Contact our offices today to speak to a domestic violence lawyer for men in Chula Vista.
Call or text 951-339-3826 or complete a Case Evaluation form