HOME
ABOUT US
VERDICTS
CASH ADVANCE
CONTACT US
Call or email for a free consultation
Pic1Pic2Pic3
 
How Can We Help You
Over 35 years of successful practice
Awards & Associations


Admitted to practice in:


Published author: Numerous television and speaking engagements

Domestic Violence Explained and How a Skilled Riverside Attorney Can Help

A Riverside attorney explains that statistically, when it comes to domestic violence, one third of all females that have been murdered in the US are killed by an existing or formal partner. It is without doubt a very serious crime and one that the law take very seriously indeed. In fact the US has some of the strongest laws regarding domestic violence and anyone found committing these crimes can and will be spending time in jail plus having a civil lawsuit being filed against them. However for all America's strong policies on domestic violence, the laws certainly don't stop people from committing the crime. So if you are a victim to this heinous act, then what should you do?

Rather sadly domestic violence isn't normally just a one off act. Instead it will escalate over time and although it often ends in physical violence, domestic violence can be classed as much more than that. Here are some examples of what can constitute domestic violence:

  • Isolating victims from their close friends and family
  • Harassing the victim by making phone calls
  • Stalking the victim and this includes cyber-stalking
  • Destroying the victim's personal property
  • Not giving them access to their money by controlling bank accounts etc.
  • Threatening behavior (saying that they will take the victim's children)
  • Constantly putting them down by making demeaning or derogatory comments

As you can see it covers a wide spectrum, so if you feel that you have been victim to any of these and also feel that you might be in danger then you should speak to the National Domestic Violence Hotline (NDVH). This is a 24 hour free phone line and they will tell you exactly what your options are. You can also call the police who will respond to your call if you are in immediate danger

A Riverside attorney who is experienced in dealing with such issues explains that although domestic violence is generally thought of as abuse between a married couple, it can also pertain to other family members, and also includes elderly care and even children.

If you are in any harm then one of the first things an attorney will suggest that you do is to apply for a restraining order. Generally the court will need a proof of the abuse, however it is said that in some cases, a statement made on oath can be sufficient in order to obtain a restraining order. It is advisable that any evidence be obtained such as any medical reports, photographs of injuries or any destruction caused.

Protective orders can vary according to the severity of the claims, but require the defendant to comply with any one or more of the following laws:

  • Stopping the abuse, including threatening behavior or physical abuse
  • Keeping clear of the victim, this means not visiting them at the house, workplace or anywhere else that they are likely to be
  • Cessation of contact including phone calls, emails, text messages, delivery of any gifts including flowers
  • The handing in of any firearms owned
  • Attending anger management or any other type of counselling
  • Any other requirements that are problem specific such as custody changes, moving out of the house, visitation provisions etc.

If the order is broken or violated in any way, then the police can intervene and a court of law can impose heavy fines or time in jail for the defendant. Also any violation can be grounding for the extension of the provisioning order

Any person who is a victim to any type of domestic violence can file a civil lawsuit claim for personal injury, and this is where a skilled Riverside County attorney comes in. The laws do vary from state to state but most of them do include the following criteria for compensation:

  • Medical expenses for physical injuries sustained
  • Expenses for damage to property and belongings
  • Loss of wages whilst recovering from any injuries
  • Relocation costs if the victim has to move
  • Damages for any pain and suffering caused by the defendant
  • Expenses for any counselling needed
  • Punitive damages filed as a compensatory punishment directly against the defendant

Domestic violence is a deplorable act and one that the law takes very seriously. As a result the right Riverside attorney can seek to award financial damages to any victim who has been through this ordeal. Although any form of financial reward doesn't replace what a victim has suffered, it does go some way in ensuring that the victim doesn't have to worry financially and as a result, they can start to slowly rebuild their lives.