Los Angeles Attorney for Injured Victims of Domestic Abuse
If you are the victim of domestic violence or abuse, contact our Los Angeles attorney for injured victims of domestic abuse. Our firm has compassionately represented victims harmed by loved ones for over a decade. We understand the physical and emotional toll domestic abuse inflicts on an individual and want to provide the assistance and guidance you need to help you through this challenging time. To schedule a free, confidential appointment to review your options, call the Law Offices of Bamieh & De Smeth, PLC, at (805) 643-5555 today.
Defining Domestic Abuse in Los Angeles
Domestic abuse is a term that describes violence and other forms of abuse that take place within a family or intimate relationship. Abuse is broadly defined and can include much more than physical attacks. A victim could suffer from emotional, psychological, or even financial abuse.
Domestic abuse relates to specific crimes and conduct committed between parties in a specific type of relationship. California Penal Code section 273.5 codifies domestic violence, defining both the conduct and relationships required. Under the statute, it is a felony for an individual to inflict physical injury or emotional abuse against a party with whom they have one of the following connections:
- Currently married or used to be married
- Currently living with or had lived with
- Have a child or children together
- Currently engaged or was engaged in a physical or dating relationship
Types of Domestic Abuse in Los Angeles Relationships
Abuse is broadly defined under the California Penal Code. It is not limited to physical harm, and victims of domestic abuse may not even be aware that what they are experiencing is considered such. Some typical conduct that constitutes domestic abuse is listed below.
- Physical harm or attacks, such as hitting, kicking, choking, or grabbing
- Rape, sexual assault, or unwanted touching
- Withholding finances, such as restricting the use of bank accounts or credit cards
- The destruction or theft of personal property
- Intimidation through threats of physical violence or other conduct that inspires fear
- Harassment or stalking, including physical actions, online threats, or mailed communication
Compensation Available for Injured Victims of Domestic Abuse in Los Angeles
Victims of domestic abuse in Los Angeles can turn to criminal, family, or civil courts to address the issues associated with their abuse. For your protection, it may be essential to file a restraining order and criminal charges. Our attorneys can assist you in preparing the proper evidence to obtain a restraining order.
Additionally, under state law, domestic abuse is a civil tort in Los Angeles. Victims of abuse are entitled to file civil lawsuits against their abusers to seek monetary compensation for their injuries. If successful in a personal injury claim, a victim of abuse is entitled to a number of financial remedies for the damages incurred.
Economic damages are the easiest to quantify and understand. Compensation is awarded to cover your actual costs and expenses, including medical bills, the cost of property damage, and lost wages, if you missed work or were unable to work. Additionally, there could be long-term expenses included, such as psychological or physical therapy. Our Los Angeles attorney will thoroughly review every aspect of your case to help determine an adequate amount to cover these costs.
Victims of domestic abuse are also entitled to compensation for the emotional and non-physical harm inflicted. While challenging to calculate, non-economic damages are broadly defined. The one most people are familiar with is pain and suffering. These three words incorporate a variety of emotional and mental injuries. Other conduct that could result in compensation includes a loss of the ability to enjoy life, humiliation, physical scars, emotional distress, and anxiety. Our attorneys will carefully evaluate your situation and work to prove the harm you have suffered in court.
In addition to monetary compensation, the court could also order injunctive relief. An injunction is a court order prohibiting the defendant from specific conduct. Often, in a domestic abuse case, injunctive relief will be used to protect a victim’s physical state and mental comfort. If your abuser was using the Internet to stalk or attack you, for example, a court could issue an order for the abuser to cease all cyber contact with you, your family, and your associates.
Suing for Domestic Abuse and Other Family Court Matters in Los Angeles
Domestic abuse also influences other family court matters. California is a no-fault divorce state. Therefore, you would not be required to establish abusive or violent behavior to obtain a divorce. However, California is also a community property state, meaning that all marital property is equally distributed among the spouses during a divorce. A domestic abuse conviction or civil judgment could influence the family court’s decision, however, resulting in a more favorable split of community assets.
Additionally, California family courts tend to favor joint legal custody of children involved in a divorce proceeding. If one parent is determined to be a danger to the child, the court could revoke specific parental rights to protect the child’s wellbeing. A criminal conviction or civil judgment may substantially increase the possibility that the family court will award the victim sole custody of their child.
Call Our Los Angeles Attorney for Injured Victims of Domestic Abuse for a Free Consultation
Domestic abuse is a serious crime that harms thousands of individuals throughout Los Angeles. If you have been the target of physical or mental abuse, contact our Los Angeles attorney for injured victims of domestic abuse. Our empathic attorneys will review all your options with you and offer skilled and compassionate representation. Call the Law Offices of Bamieh & De Smeth, PLC, at (805) 643-5555 to schedule a free and confidential appointment.