Domestic Violence

As an experienced criminal defense lawyer who handles every type of criminal matter in Los Angeles and surrounding areas, Mark Daniel Melnick, Attorney at Law, has the knowledge, skills, and ability to successfully represent people charged with domestic violence, and to challenge the issuance of restraining orders or the filing of criminal charges.

Domestic Violence and Temporary Restraining Orders

Domestic violence is defined as physical, verbal or written abuse directed at a person in a close relationship, which could include a present or former spouse, current or former boyfriend or girlfriend, or relative.

Once domestic violence charges are filed, the court may enter a Temporary Restraining Order (TRO). The TRO will generally order you to refrain from having any contact with the alleged victim, and in some cases the children, relatives and others who live with the alleged victim. If you were living in the same house with the alleged victim, the TRO can order you to move out. The TRO can also prohibit you from possessing a firearm or order you to comply with any domestic relations orders currently in place, such as child custody and visitation and child support orders.

The TRO, by its nature, is only temporary. At the time the court issues the TRO, it also establishes a future court date. At that hearing, you have the right to challenge the order and charge of domestic violence. The court may cancel the order at that time, or it may extend it for up to five years.

Civil Harassment/Stalking

It is also possible for someone to obtain a civil harassment restraining order against a person accused of stalking or using unlawful violence or a credible threat of violence in a course of conduct directed at another. Civil harassment restraining orders are most often sought by roommates, neighbors, or co-workers. California law also provides for restraining orders against abusive family members or caregivers to be sought by elders or dependant adults. In either of these cases, you have the right to appear in your defense and challenge these orders.

Jail, Fines, Still Possible

Although the hearing over a restraining order is not a criminal proceeding per se, domestic violence charges can lead to actual criminal charges such as assault, if the prosecutor believes evidence exists to support such a charge. Such charges could be either felony or misdemeanor in nature, depending upon what is filed. In either case, you could face serious fines and jail or prison time, as well as a criminal record upon conviction.

Allegations of domestic violence should be taken seriously and challenged when appropriate before long-term serious consequences have resulted. For assertive, effective representation in any domestic violence or criminal matter, contact Mark Daniel Melnick, Attorney at Law.