Domestic Violence

Certified Specialist - Family Law

Domestic Violence in Newport Beach

Protecting Your Family

Domestic violence is defined as physical or verbal abuse that occurs within a family or an intimate relationship, such as spousal abuse and child abuse. These incidents can take place only once or repeatedly over many years. Violence of this type may happen between spouses, boyfriend- girlfriend, parents or siblings. In the majority of domestic abuse cases the physical force or verbal abuse is used to instill fear in the person being targeted.

Because of the fear element, many domestic violence activities are never reported to the police. There is often a sense of shame surrounding these activities too. If you or a loved one is a victim of domestic violence, contact our

Newport Beach family lawyers at The Law Offices of Marc E. Mitzner to learn about your legal options.

How to Identify Domestic Violence

Violence within the home can take shape in many ways and most of them similarly reflect the typical forms of abuse that would otherwise be classified as criminal in the state of California. According to the criminal code section 273.5, criminal penalties will be issued to those individuals who have been found guilty of engaging in acts of domestic violence, and they could be sentenced to jail time or even participation in a 52-week Batterer Treatment Program.

In order to meet the criteria used to arrest a person for domestic violence in the state, you must be able to prove that your abuse is a person to whom you are currently married or with whom you are in a relationship. The pattern of behaviors that epitomizes relationships of domestic abuse often involves violence and control, as well as intimidation and threats. Forms of domestic violence include:

  • Physical abuse: physical abuse takes form in acts of kicking, hitting, punching, pushing, biting and slapping. In some cases, more drastic measures are taken that include choking, kicking or even burning.
  • Sexual abuse: if you were forced into performing a sexual act that made you uncomfortable then you were likely the victim of sexual abuse. Even if you are in a committed relationship with someone, you should never be made to engage in sexual activity that you don't want to. Extreme criticism of your body parts is also sexually abusive.
  • Verbal abuse: when words are used to demean another person, even if the person saying them to you is a spouse or dating partner, the words can be classified as verbal abuse. From name calling to put-downs, any verbal attack on your being is considered verbal abuse, no matter who is saying the words to you.
  • Emotional abuse: some spouses and dating partners use mind games to make their significant others emotionally crazy. Gestures such as these, as well as isolating one person from his / her friends and family, are emotionally abusive, especially if it can be proven that the actions served to make the abused person feel worthless.
  • Financial abuse: it is not uncommon for abusers to use monetary means to control another person. If your economic status is being controlled by your partner or your basic needs are not being met due to money being withheld from you, the financial abuse needs to be brought to the attention of a legal professional.
  • Spiritual abuse: believe it or not, an attack on your spiritual beliefs or religious practices may be classified as abusive behavior. Your spouse / partner should be supportive of your beliefs and when he / she is not, it is abusive behavior. Some abusers have even misquoted scripture passages to justify their abuse.

Your abuser may also be guilty of partaking in particularly destructive acts of your property or personal belongings. Vandalism or destruction of your car or other personal items of value are destructive acts that are considered to be abusive in nature. So too is any physical harm or death made to a pet of yours or the family's.

Intimidation, fear and threats are also commonly used as abusive means of treatment towards another in a domestically violent relationship. Whether your sexual identity has been threatened to be disclosed or your immigration status has been threatened for deportation, you are the victim of domestic violence and you deserve to take legal action to put an end to the abuses that have been enacted against you.

Domestic Violence Penalties

A short overview of the State of California's penalties shows that most domestic violence is classified as a misdemeanor offense. However, if the violence includes sexually abusing a minor, assaulting a minor or causing substantial bodily damage to the targeted person, it is considered a felony. Once a person is convicted of domestic violence, he or she may be facing imprisonment, large fines, community service, probation, parole and court ordered counseling. In the interim, a restraining order may also be issued. Consult with an Newport Beach family lawyer if you have any other questions regarding domestic violence!

Get Help Now- Call Our Firm

It is estimated that in the U.S. a restraining order is issued once every 32 seconds. If you feel as though you or your children are in danger, you could ask the court for a restraining order. Also known as an order of protection, it could help ensure the safety of your family. Orders of protection may be necessary during a divorce proceeding because emotions can run high in an already difficult situation. The terms of a restraining order can differ depending on what is necessary in the situation. This being said, not every restraining order is taken out with proper grounds. For example, a father may have a restraining order taken out against him so that his case to gain custody of his children is weakened. Whatever your specific situation, please do not hesitate to get in touch with a member of the firm if you have questions regarding orders of protection.

If the defendant has a prior domestic violence record he or she may be subject to more elaborate criminal charges and sentencing, if convicted. Domestic violence is a serious matter and it is always in your best interest to obtain the services of a Newport Beach attorney who knows the law, knows the courts and will fearlessly fight for you. Domestic violence is also known to escalate. If it is verbal, physical, or sexual in nature -the pattern of domestic abuse proves that it usually will get worse and more frequent over time. Therefore, as difficult as it might be, we urge you to find help with a reputable Newport Beach family law attorney who cares and who will take on your case personally.

Call today for help!

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