Domestic violence is a very serious problem. Each year, thousands of cases are filed. According to statistics from the Center for Disease Control & Prevention, 1 in 4 women and 1 in 7 men will experience severe physical violence by an intimate partner in their lifetime. The aim of domestic violence is for one person to dominate or control their partner. Domestic violence is not just limited to physical abuse. It could also be emotional or financial.

If you are a victim of domestic violence, there is available help out there. But it is best to hire a defense lawyer in Fresno CA. They can advise you on the possible steps you can undertake.  Your attorney can devise the best defense for you should the domestic violence issue goes to trial.

First, they will determine if you have grounds for filing a domestic violence case against your abusive partner. Your complaint should meet any of the following acts:

• homicide
• assault
• terroristic threats
• kidnapping, criminal restraint, or false imprisonment
• lewdness or sexual assault
• criminal sexual contact
• criminal mischief
• burglary
• criminal trespass
• harassment, or
• stalking.

If your complaint does not meet any of the above requirements, it might just go down the drain. If there is sufficient grounds, a case can be filed and it could result to the following:

• eviction (being removed from one’s home)
• heavy fines and legal fees 
• criminal penalties or jail for violations of a Domestic Violence (DV) order, and
• a finding of domestic violence can affect alimony and child custody.

Temporary Restraining Order

The first step that Fresno criminal defense lawyers will take is to ask the court for a temporary restraining order (TRO).(Fresno criminal defenders) Once filed, you would have to testify and bring evidence to prove domestic violence. Your testimony will be recorded by a court reporter. If the judge finds sufficient evidence, then a TRO will be issued. A police officer or sheriff must then serve the TRO to the defendant. With a TRO, the defendant will not be allowed to engage in certain behaviors on a temporary basis. The TRO is only valid for 10 days. In order to extend, you must file another complaint and ask for a full court hearing.

Defense for Domestic Violence

When it comes to domestic violence cases, there are only two possible defenses: self-defense and de minimis infractions. Under self-defense, the defendant may be justified for using physical force if it was necessary to protect them against the plaintiff’s use of unlawful force. In de minimis infraction, the lawyer can insist that the minor conduct is too trivial to be considered a criminal offense.

Time Limit

The time frame for filing a complaint to the actual trial is usually less than 30 days. Your lawyer will require the following documents from you:

• copies of medical records or reports regarding any physical injuries the plaintiff claims to have suffered
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• a list of witnesses the plaintiff intends to call at trial, and
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• copies of all evidence that the plaintiff will rely on or introduce at trial such as photographs, tape recordings and expert reports.

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