What is Domestic Violence?
Domestic violence is defined as abuse toward an intimate partner or family member. Abuse can be physical, verbal, or both. Domestic violence knows no boundaries and effects people from all income levels, and educational and ethnic backgrounds. It affects heterosexual couples, same-sex couples, young, old, men, women, and children.
That State Bar of California on their website states that “Domestic violence is behavior driven by a need to control. It can range from threats, annoying telephone calls and stalking (such as following the victim to and from work, and threatening the victim), to unwanted sexual touching, hitting and destruction of the victim’s personal property.” In addition in a recent case the Court of Appeal stated that Fam. Code §6320, does not require an allegation of actual infliction of physical injury or assault. Basically the court stated that nonviolent conduct can also be considered abuse under certain circumstances. Therefore, if you are uncertain if there is domestic violence in your particular situation you should contact us for a free initial consultation.
If children are involved in a domestic violence situation it is extremely important that you consult with an attorney. While the abuser may be criminally liable for child abuse a parent who knows of the abuse and does nothing about it can also face legal trouble. In addition, if you have an open family law matter or are about to commence one and there is domestic violence that involves a child you should consult with an attorney so that they can advise you about the laws that are in place to ensure the safety of the children when it comes to such things as child custody and visitation. It is important that you protect your child(ren) otherwise you might find yourself in the position of having child protective services take them into protective custody so that they are protected. Therefore, it is vital that your speak with an attorney who knows about domestic violence so that you can retain your custody and/or visitation rights.
In addition to commencing domestic violence restraining order actions, we also defend against them. We represent individuals who have been falsely accused of domestic violence and want to declare their innocence in court. Declaring your innocence in Family Court may also help you if a criminal action is later commenced.
At the Law Office of Margaret D. Wilson we provide legal representation for cases involving domestic violence. Therefore if you are being stalked, harassed, or threatened we can help you obtain a restraining order against another person, or if you have been accused of those things we can help fight against a restraining order. Regardless of your particular situation your San Fernando Valley & Los Angeles family law attorney will be able to handle your situation, and take any and all actions necessary to help you through this difficult process.