Domestic violence is classified by a pattern of abusive behavior inflicted by one partner onto another. This form of violence can manifest itself in several ways, including physical, emotional, and financial abuse. It often leaves victims feeling powerless, frightened, and overwhelmed. The legal team at Shore, McKinley, Conger & Jolley, LLP in Walnut Creek and Stockton, CA, understands the sensitive nature of these cases and can provide much-needed support for clients struggling with complex legal proceedings. Since 1986, our domestic violence lawyers have developed solutions that protect the welfare of our clients and their children. We encourage you to contact our team today to discuss your legal options in-depth.
Types of Abuse Classified as Domestic Violence
The legal definition of domestic violence now encompasses far more than just physical spousal abuse. Domestic violence can include:
- Physical Abuse: This can including hitting, kicking, biting, cutting, and other types of physical harm inflicted upon the victim. Denial of medical treatment or forceful ingestion of drugs or alcohol is also considered a form of physical abuse.
- Emotional Abuse: This type of abuse diminishes a victim's self-worth, self-esteem, trust in others, and security. It can manifest as constant criticism or name-calling.
- Economic Abuse: In the case of economic abuse, the abuser has control over all financial aspects of the victim’s life. The abuser may prevent the victim from attending school, working, or generally supporting themselves.
- Psychological Abuse: When an abuser attempts to intimidate the victim through bullying, humiliation, or verbal abuse, they are psychologically abusing the victim. This type of abuse can also include attempts to isolate the victim from family and friends.
- Sexual Abuse: Sexual harassment, assault, and rape all constitute forms of sexual abuse.
- Stalking: Calling or sending messages repeatedly is considered stalking, as is following an individual to or from work or school.
- Cyberstalking: Continuous emails, online messages, or other forms of online harassment are classified as cyberstalking.
- Dating Violence: Dating violence is committed by an abuser in a romantic relationship with the victim. It can involve verbal, physical, emotional, or sexual abuse.
Victims are not limited to any gender, age, race, or sexual orientation. It is important to note that abuse against children or other family members is classified as domestic violence, as is abuse between cohabiting and non-cohabiting partners.
Since 1986, our domestic violence lawyers have developed solutions that protect the welfare of our clients and their children.
Who Can Obtain a Restraining Order?
In the most general sense, a restraining order prevents an abuser from making contact with the victim. It can also prohibit contact with children and the victim’s friends and family. There are three types of restraining orders:
- Emergency Protective Orders (EPOs) are issued by police when the victim cannot file a restraining order petition right away, usually because court is not in session or the victim is in imminent danger. These are typically only effective for five business days.
- Temporary Restraining Orders (TROs) are also a form of emergency protection. They are typically issued and remain in effect until a formal hearing is held and a judge makes a final ruling.
- Domestic Violence Restraining Order (DVRO) is a restraining order that takes effect after a hearing is held and a judge has made an official ruling. This type of restraining order typically remains in effect for several years.
Any victim of repeated domestic abuse can obtain a restraining order. This includes current or former spouses, cohabitants in an intimate relationship, and non-cohabitants in an intimate relationship.
How a Domestic Violence Lawyer Can Help
Domestic violence is a complicated matter, considering it takes many forms. However, our team understands the sensitive, ambiguous, and highly challenging nature of such cases. We can provide the support and compassion you need to recover and protect yourself and your family.
Protect Your Rights
If you or a loved one has been a victim of domestic violence, you need a thoughtful legal team on your side. The family law attorneys at Shore, McKinely & Conger, LLP are here for you and will work to ensure your safety and well-being. Contact our law firm online or call (209) 477-8171 today to schedule a consultation.