Domestic Violence Hanford, CA

Protecting Spousal Abuse Survivors and Victims of False Allegations

Contact Us

All allegations of spousal abuse and domestic violence need to be taken seriously. A Hanford, CA domestic violence lawyer with Griswold LaSalle Cobb Dowd & Gin LLP can help protect you and your loved ones from further harm. We can assist with filing a restraining order, and help modify existing family court orders related to child custody and visitation rights. If you’ve been falsely accused of domestic battery, we can discuss what steps you can take to defend yourself, protect your reputation, and maintain a relationship with your children.

With over 200 years of combined experience, our Hanford family law attorneys are prepared to take on even the toughest domestic violence cases. It’s our way of looking out for our neighbors throughout the San Joaquin Valley. Contact our law firm to request your confidential consultation today.

Legal Definition of Domestic Violence Under California Law

California law defines domestic violence as abuse or threats of abuse against an intimate partner or family member. Under California Penal Code § 13700, domestic violence includes:

  • Physical harm
  • Harassment
  • Threats that cause fear for one’s safety

Domestic violence charges in California can affect more than just your criminal record. They can also impact divorce proceedings, child custody, and visitation rights. Our lawyers understand the stakes and are here to help.

Types of Abuse That Constitute Domestic Violence

Domestic violence is not limited to physical harm. The state recognizes various forms of abuse, including emotional, financial, and psychological mistreatment. The following are common types of abuse that may lead to criminal charges:

  • Physically hurting or trying to hurt someone, intentionally or recklessly
  • Sexual assault or marital rape
  • Making someone reasonably afraid through threats to harm them
  • Harassing, stalking, threatening, or hitting someone
  • Disturbing someone’s peace
  • Destroying someone’s personal property

These are only a few examples of incidents that may be considered domestic violence. Penalties in case of a conviction may include time in jail or prison, a ban from using firearms, and mandatory restitution of losses. Accusations of domestic violence are common during divorce and child custody disputes. Sometimes one partner will bring up spousal abuse allegations to make the other person look bad, regardless of what actually happened.

Who Can Be Charged with Domestic Violence?

Domestic violence laws in California apply to a broad range of relationships, not just spouses. Anyone accused of harming or threatening a protected person under the law may face criminal charges.

  • Spouses and Domestic Partners – Current and former spouses or registered domestic partners can be accused of domestic violence. These cases often arise in contentious divorce or custody disputes.
  • Cohabitants and Roommates – Sharing a residence does not automatically make someone a domestic partner, but violent incidents between roommates may still be charged as domestic violence.
  • Dating and Intimate Partners – California law extends domestic violence protections to current and former dating partners. The length and nature of the relationship may factor into the legal proceedings.
  • Family Members – Parents, children, siblings, and other relatives can be included in domestic violence cases. Accusations often stem from disputes over finances, inheritance, or caregiving responsibilities.
  • Co-Parents – Individuals who share a child, even if they never lived together or were married, may face domestic violence charges. These cases can significantly impact custody and visitation rights.

Protective Orders and Restraining Orders in Domestic Violence Cases

A victim of domestic abuse often files a restraining order around the time of an arrest. A restraining order may compel the accused abuser to:

  • Move out of the home (if both the accuser and accused live together)
  • Give up contact with children
  • Give up possession of any firearms (and not acquire more)
  • Stay away from the abuse victim’s place of work
  • Refrain from having any contact with the abuse victim

Filing a restraining order is often the first key step in ending a cycle or pattern of abuse in a household. Our domestic abuse lawyers in Hanford can help you protect yourself and your children from further violence.

Common Types of Domestic Violence Restraining Orders

The type of restraining filed order against the abuser depends on the allegations of abuse and other circumstances. Some of the most common types of restraining and protective orders include:

Emergency Protective Orders (EPOs)

If police respond to a domestic violence call, they may request an emergency order against the accused abuser per California Penal Code Section 646.91. These orders take effect immediately and can last up to seven days.

Temporary Restraining Orders (TROs)

If the victim of domestic violence requests a restraining order, the court may issue a temporary order that lasts until a hearing is held. These orders typically last 20 to 25 days.

Permanent Restraining Orders

If the judge finds reason to extend a restraining order, the accused abuser may be restricted from contacting the protected person for up to five years. Violating this order can result in additional criminal charges.

Resources for Survivors of Domestic Abuse

If you, a member of your household, a friend, or a neighbor has experienced domestic violence in any form, there is help and support available.

In addition to contacting our lawyers in Hanford to discuss domestic violence restraining orders and further legal action, the team at Griswold LaSalle Cobb Dowd & Gin LLP encourage you to visit these national and local resources for domestic abuse survivors:

How Domestic Violence Charges Affect Family Law Issues

If your current spouse or an ex committed domestic violence, it can affect various aspects of a divorce proceeding or existing family court orders. This is something you can discuss with the attorneys of Griswold LaSalle Cobb Dowd & Gin LLP when you are safe and ready to hold the abuser accountable for their actions beyond any criminal charges.

Spousal Support (Alimony)

Under California Family Code §4325, a spouse who suffered domestic abuse is prohibited from paying alimony to their abusive ex if there was criminal conviction. This is important for breadwinners in a household who experienced abuse from their spouse, and there is a documented history of the abuse.

Custody of Children

The abuse survivor is likely to receive primary custody of any children. In some cases, the abuse survivor will be given full custody of the children, though this depends on the circumstances of the abuse and how a custody arrangement could affect the safety, well-being, and overall best interests of a child.

Supervised Child Visitation

If the abusive parent is still granted visitation rights with their child or children, the court may require that the visits be supervised. Per California’s guide to supervised visitation, this will involve the presence of a “provider,” who is a neutral third party who observes all interactions between the parent and child. This provider can end visits if safety concerns arise.

Loss of Child Visitation Rights

If the domestic abuse conviction involves any endangerment to children in the household, it’s possible for an abusive parent to lose all visitation rights, including supervised visitations and virtual visitation.

Termination of the Abuser’s Parental Rights

In extreme cases, an abusive parent’s parental rights may be involuntarily terminated by the court if the continuation of a parent-child relationship is not in the child’s best interests. Our attorneys can discuss if this is warranted in your case based on the nature and severity of what happened.

Common Criminal Charges Related to Domestic Violence

Domestic violence charges in California can range from misdemeanors to felonies, depending on the severity of the alleged offense. Prosecutors consider factors such as physical harm, prior convictions, and whether a weapon was involved when determining how to file charges. Domestic violence accusations may also lead to additional criminal charges that carry separate penalties.

Misdemeanor Domestic Violence Charges

Misdemeanor domestic violence charges generally involve less severe injuries or first-time offenses. Under California Penal Code § 243(e)(1), domestic battery is a misdemeanor that applies when one person uses force or violence against a spouse, co-parent, or dating partner without causing serious harm. A conviction may result in fines, probation, mandatory counseling, and up to one year in county jail.

Felony Domestic Violence Charges

Felony domestic violence charges apply when an incident results in significant injury or involves aggravating factors. California Penal Code § 273.5 makes it a felony to willfully inflict corporal injury that causes a traumatic condition. Felony convictions can lead to years in state prison, substantial fines, and long-term protective orders.

Additional Charges That May Apply in Domestic Violence Cases

Additional charges you could be facing if you are accused of domestic violence include:

  • Child Endangerment – Allegations of domestic violence in a household with children can lead to additional charges. Even if a child was not physically harmed, exposing them to violence may result in criminal penalties.
  • Criminal Threats – Making verbal or written threats of harm against a partner or family member can be prosecuted separately. If the victim reasonably feared for their safety, a defendant may face felony charges.
  • False Imprisonment – Preventing someone from leaving a location through force, threats, or restraint can lead to false imprisonment charges. This offense may be charged as a misdemeanor or felony depending on the circumstances.

Legal Defenses Against False Domestic Violence Allegations

Domestic violence accusations can have life-changing consequences, but not every claim is valid. False allegations, misunderstandings, and self-defense situations often lead to wrongful arrests. As noted earlier, a conviction can have lasting effects on your criminal record, reputation, finances, and your relationship with your children.

Our attorneys can focus on inconsistencies in the case and present evidence that supports your side of the story. These are a few possible defense strategies when a person has been falsely accused of domestic abuse.

False Allegations of Domestic Violence

People may make false domestic violence claims out of anger, revenge, or to gain an advantage in family court. Proving that the allegations were fabricated can lead to a case dismissal.

Acts of Self-Defense

If you acted to protect yourself from immediate harm, self-defense may be a valid legal defense. Establishing that you used reasonable force can challenge the prosecution’s argument.

Lack of Evidence of Domestic Abuse

Prosecutors must prove all elements of domestic violence beyond a reasonable doubt. If there are no visible injuries, witness statements, or credible evidence, the case may be dismissed.

Mutual Combat or Acts of Violence

In some cases, both parties contributed to the altercation. Demonstrating that the alleged victim also engaged in violence can weaken the prosecution’s claims.

Violation of Rights During the Arrest

If law enforcement officers violated your rights during the arrest or investigation, evidence may be inadmissible. Illegal searches, coerced statements, or failure to read Miranda rights can impact the case.

Consult a Domestic Violence Lawyer in Hanford, CA for Help

Whether you’re a survivor of domestic violence or someone who’s been falsely accused of spousal abuse, you have major decisions to make about your safety and your reputation. You do not have to make these decisions uninformed or alone.

Let a domestic violence lawyer in Hanford, CA from Griswold LaSalle Cobb Dowd & Gin LLP stand by your side. We can review your rights and protections and figure out the best possible outcome. Contact a Hanford, CA domestic violence attorney today to schedule your private consultation.