Domestic violence occurs relatively frequently in California. For instance, the Office of the Attorney General posted data on its website showing that in 2013, people made over 150,000 calls for assistance related to domestic violence disputes.
Domestic violence is a very real problem, but that doesn't mean that every accusation is sound or that prosecutors always have enough evidence to support their charges. What's important to remember, however, is that everyone deserves a fair hearing.
You need an attorney to help you navigate the complicated legal system if you're accused of a domestic violence charge. In part, that means making sure that the attorney who represents you in court, keeps up-to-date with changes in the relevant laws and how they might affect you.
What's recently changed in California law?
Assembly Bill 2089 is one recent modification to domestic violence law in California. The new law allows a judge to grant a protective order without having to take certain factors into account, such as the amount of time that's passed since the last incident of domestic violence (in other words, someone requesting the protective order would not need to have recent injuries or offer other proof that a domestic violence incident occurred recently). If a court denies the request for a protective order, the judge will need to explain why.
Another change came about this past year from Senate Bill 910, which in some situations would allow for children being included in a domestic violence protective order (instead of the law requiring a separate hearing from family court). These kinds of hearings can have a serious impact on your life, including your ability to see your own children in some circumstances. A protective order might be issued even before you've been brought to trial.
While there's no doubt that protective orders can serve an important purpose in some situations, are you receiving fair treatment from the criminal justice system?
Don't hesitate to contact us to discuss your case. If you live in the Temecula, Murrieta, Lake Elsinore, Menifee, Winchester, Hemet, Corona or Riverside areas, know that we can help you review your situation, advise you on what to do, and serve as your legal advocates throughout a complex legal process that begins as soon as you get accused of domestic violence.