Newport Beach Domestic Violence Lawyer

Newport Beach Domestic Violence Attorney

It’s not uncommon for family members to disagree and fight. However, when constant quarrels include physical, sexual, or emotional abuse, that is considered domestic violence in the state of California. If you or a family member is experiencing domestic violence in Orange County, then you need a Newport Beach domestic violence lawyer from Kovach Family Law to help you through this difficult time.

Kovach Family Law: Compassionate Domestic Violence Services in Newport Beach

At Kovach Family Law, our founding family law attorney in Newport Beach, Nina L. Kovach, has 30 years of legal experience, helping families through complex family law cases here in California. Our team understands how emotional and complex domestic violence cases can become, which is why we work tirelessly to provide you with the compassionate legal support and advice you need to protect yourself and your family.

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Understanding Domestic Violence in California

Sadly, domestic violence cases are common in California. In 2023, police stations in California received an estimated 18 reports of domestic violence every hour. In Orange County alone, there were about 9,000 calls for assistance for domestic violence in 2023.

Domestic violence laws in California are detailed under Division 10 of the California Family Code, also known as the Domestic Violence Prevention Act. Under this Prevention Act, the state of California defines domestic violence as any type of abuse involving a domestic relationship that:

• Intends or recklessly causes or attempts to cause another person bodily injury
• Leads to sexual assault
• Places another person in reasonable fear that the other person will cause them injury
• Includes any behaviors listed in Section 6320 of the Domestic Violence Prevention Act, including molesting, stalking, battery, attacking, or threatening another person

Division 10 of the California Family Codes also states that these forms of abuse are considered domestic violence if they are carried out on:

• A spouse or former spouse
• A girlfriend, boyfriend, or fiancé
• A person with whom you’ve had a child
• A child related to you
• A current or previous cohabitant, such as a roommate

Domestic violence cases in California can be categorized as misdemeanor or felony offenses, depending on the severity of the case. This mainly depends on how much harm was done to the other person, if there was a weapon involved, and the abuser’s criminal history. Penalties for a domestic violence conviction in Newport Beach may include:

• Fines
• Jail time
• Probation
• Mandatory completion of a domestic violence intervention program
• Loss of custody
• Adherence to protection orders

How Domestic Violence Can Impact Your Family Law Case

Domestic violence charges in Newport Beach can have a serious impact on a family law case. For example, domestic violence can impact divorce decisions, including spousal support, child custody, and child support. A judge in Orange County Superior Court may award a larger amount of support and assets to one spouse if the other is found guilty of domestic violence. Additionally, they may take away custody if a parent is found to be dangerous.

How a Newport Beach Domestic Violence Lawyer Can Help

Domestic violence can leave you feeling hurt, vulnerable, and like you have no way out of the situation. However, there are options out there for you. A Newport Beach domestic violence attorney from our firm can provide you with the support and guidance you need to navigate a domestic violence case and protect your safety. We can assist you through overwhelming situations by helping you:

• File for protective orders, such as restraining orders
• Ensure your children stay safe by advocating for supervised visitations or reduced access
• Gather and provide evidence supporting any domestic violence claims
• Accelerate the divorce or child custody process for an unsafe and urgent situation
• Provide you with a list of available resources in the Orange County area, including counselors, social workers, crisis centers, and shelters

FAQs About Newport Beach, CA Domestic Violence Law

What Are the Main Types of Domestic Violence Seen in Newport Beach?

The main types of domestic abuse include physical or sexual abuse, which can include inflicting bodily harm or forcing them to take drugs or take part in sexual situations. Emotional or psychological abuse is another form of domestic violence, which includes constantly putting a spouse down, humiliating them, or making them feel powerless. Harassment, stalking, and financial abuse are also commonly involved in Newport Beach domestic violence cases.

What Steps Should You Take During a Domestic Violence Case in Newport Beach?

Most domestic violence cases follow the same series of steps, which include removing yourself from the situation, whether by calling a trusted loved one, the National Domestic Violence Hotline (800-799-SAFE), or filing a police report. You should then seek legal counsel immediately to ensure you are safe and your rights are protected. If needed, you can also work with your divorce attorney in Newport Beach to obtain a restraining order or other protective measures as needed.

Why Do Most Domestic Violence Cases Get Dismissed in California?

There are several reasons why many domestic violence cases are dismissed in California. These reasons include victims who are unwilling to testify, often out of fear, lack of evidence, accusations that appear false, and varying stories that change or replace blame. To ensure you file the strongest claim possible, hire an experienced Newport Beach domestic violence attorney.

How Much Evidence Do You Need to File a Domestic Violence Case in Newport Beach?

Domestic violence cases are taken very seriously in California courts, which means they require strong, thorough evidence when allegations arise. While each case is different, most domestic violence cases require images or documentation of any injuries, written evidence such as letters, emails, text messages, social media posts, phone messages, police reports, 911 calls, and more.

Hire a Domestic Violence Lawyer in Newport Beach You Can Trust

Domestic violence in California is more than just physical abuse. At Kovach Family Law, we are prepared to take the steps needed to fight for your rights, your safety, and your future. If you need help from a domestic violence lawyer in Newport Beach, contact our office today to schedule an appointment.