Domestic Violence - Frequently Asked Questions

Orange County Domestic Violence Lawyer

What is domestic violence?

Domestic violence is a criminal offense that involves some form of violence or abuse between family members, spouses or ex-spouses, people in a romantic relationship, or people who live together. In California, domestic violence may be charged as a misdemeanor or a felony depending on the unique circumstances of the case, as well as the alleged offender's past record of domestic violence.

What are the different types of abuse?

Domestic violence may take on many different forms, including: physical abuse, sexual abuse, or emotional abuse. Child endangerment, child abuse, and spousal abuse are all also forms of domestic violence. Child neglect, although not a form of physical violence, is another serious type of domestic violence. Stalking, criminal threats, and harassment may also be related to domestic violence when the people involved are family members, spouses or ex-spouses, or people in a romantic relationship or past relationship.

How do restraining orders relate to domestic violence allegations?

A victim of domestic violence has the right to seek a restraining order, which is a court order that prohibits certain behavior by the person named in the order. For example, a restraining order may prohibit a person from coming within a certain distance of an alleged victim or may prohibit further abuse or violence. A person accused of domestic violence will most likely face having a restraining order filed against him or her.

What if the victim doesn't want to press charges? Is it still possible that I will be arrested and go to court?

Whether domestic violence charges are formally filed is not up to the alleged victim. Although the victim may file the initial complaint or may call the police, this is not always the case. A friend or neighbor may call law enforcement. An alleged victim may never call for help or may never wish to file charges. However, once law enforcement is involved, it is more than likely that an arrest will be made. From that point, it will be up to the District Attorney (prosecutor) to determine whether to file charges.

For more information about domestic violence charges in Orange County, California, contact attorney Fred Thiagarajah today.