Legal Steps to Take if You’re Accused of Domestic Violence

Being accused of domestic violence is a severe case that should be handled tactically and effectively. Domestic violence allegations in California have severe legal implications affecting one’s employment and career apart from social reputation. At The Law Offices of Teresa A. Beyers, we understand the gravity of these accusations and aim to guide you through each critical step for safeguarding your rights and preparing an effective defense. Below are vital actions you should take if you’ve been accused of domestic violence.

Comply with Temporary Restraining Orders

If a restraining order has been filed against you, you must comply entirely with the conditions outlined in the order. Temporary restraining orders (TROs) are often issued at the initial stages of a domestic violence accusation and generally restrict the accused from contacting the alleged victim or going near specified locations, such as their residence or workplace. Violating a TRO can result in immediate consequences, including arrest and further legal penalties.

A TRO affects your freedom and can influence ongoing divorce or custody proceedings. Los Angeles domestic violence attorney advise their clients to fully understand the scope of a restraining order and adhere strictly to its terms to avoid additional complications. However, if you feel the TRO has been wrongly granted, you can appeal the order in a hearing. However, writing directly to the petitioner will be unwise because such communication is a violation, and your situation will worsen.

Seek Support from a Domestic Violence Advocate

Legal support is crucial to protecting your rights and preparing a robust defense. A domestic violence lawyer can be your guide in court and teach you what things are like in court, especially in cases involving domestic violence charges. Due to the complexity of domestic violence law, an experienced lawyer specializing in cases from Los Angeles will explain your charges and accompany you through the process, including the court.

Having an advocate by your side is also essential for addressing false accusations. Domestic violence claims are sometimes made in the heat of a contentious divorce or custody dispute, and an experienced Los Angeles divorce lawyer can help you gather evidence to support your defense. Working with an attorney will ensure that your side of the story is well presented and that you are prepared for each stage of the legal process.

Prepare for Possible Penalties or Sentences

Domestic violence charges in California can lead to a range of penalties, from fines and probation to jail time, depending on the nature of the accusation and whether it’s a misdemeanor or felony charge. Overseeing the probable staking is wise; they have to prepare, and the case must know what is about to ensue in case of sentencing. Common penalties for domestic violence include:

• Misdemeanor convictions can result in fines, mandatory counseling, and probation.
• Felony convictions carry more severe consequences, including jail or prison sentences, especially if there are prior offenses or a weapon was involved.
• Protective orders: In addition to criminal penalties, courts may impose long-term protective orders that restrict your access to certain places and people.

To this end, our domestic violence attorney in Los Angeles and legal representatives put together an appropriate defense strategy that depends on the conditions of each case. Suppose this is the accused’s first offense, or any aggravating factors exist. In that case, we can attempt to seek dismissal of motions that call for harsher penalties or explore options that may include anger management classes or counseling. Therefore, it will be easier to prepare for the defense of each stage when you fully understand the possible penalties you may face.

Monitor Any Protective Orders Against You

Protective orders, including stay-away orders and no-contact orders, are typically issued in domestic violence cases to safeguard the alleged victim. They can affect your life in many ways, significantly if they limit your visits with your kids, access to your house, or contact with certain people. Violating a protective order is a severe offense and can result in immediate legal consequences, including fines or incarceration.

If you are a respondent to a protective order, the only thing you should do is not unknowingly conduct any prohibited activities. You should also seek legal advice from your lawyer concerning whether or not there is a basis to change or dissolve the order. For example, if you believe it should be changed because the order is unfavorable or too rigid, a competent Los Angeles divorce lawyer will help you seek a change. If you can keep yourself or your client out of further trouble regarding protective orders, you can concentrate more on developing a solid affirmative defense.

Conclusion

It is never a good thing when you are accused of domestic violence, but there are ways you can stand up for yourself legally. Comply with orders, get an attorney, and expect consequences. If being accused of the same, seek the services of an expert legal representative in Los Angeles domestic violence law. Contact The Law Offices of Teresa A. Beyers at 213-236-4400 for a free consultation and begin building a solid defense.