Is Domestic Violence a Felony or a Misdemeanor? A Clear Answer
Is domestic violence a felony? The answer depends on the severity and context of the incident. While some cases are classified as misdemeanors, others can rise to the level of a felony, particularly when significant injury or prior offenses are involved. In this article, our lawyers at Duncan Family Law will break down when domestic […]
Domestic Violence Statute of Limitations in California: Latest Updates
In California, the statute of limitations for domestic violence, California, charges sets deadlines for how long prosecutors have to file cases. The statute of limitations for domestic violence in California is currently five years and will extend to seven years starting January 1, 2025. This five-year statute of limitations applies to both misdemeanor and felony […]
Restraining Order Violation: Consequences and Legal Implications
Restraining orders are legal tools to protect individuals from harassment, abuse, and unwanted contact. Violating a restraining order is a serious criminal offense that may result in immediate arrest, hefty fines, and potential imprisonment. Such violations carry severe legal consequences in civil court, often leading to a permanent criminal record with lasting impacts on one’s […]
Does a Restraining Order Go on Your Record?
Concerned about “does a restraining order go on your record?” The answer is yes; in most jurisdictions, including California, restraining orders do go on your record. However, the visibility and impact of these orders can differ based on whether they are temporary or permanent. However, its impact on your record and any background checks can […]
Protective Order vs Restraining Order: Key Differences
In the US, protective orders and restraining orders serve different purposes and are associated with different legal proceedings. Here are the key differences: Protective Order Associated with: Criminal cases, particularly in cases of family violence, human trafficking, or stalking. Civil protection orders are a type of protective order used in legal proceedings aimed at preventing […]
How to Prove Mental Abuse in Divorce
Navigating a divorce is challenging under any circumstances, but proving mental abuse can add an additional layer of complexity. Mental abuse, also known as emotional abuse, can be subtle and difficult to quantify, making it a particularly challenging aspect to present in divorce proceedings. At Duncan Family Law, we specialize in helping clients gather the […]
What Happens if a Restraining Order is Not Served?
Imagine the relief of obtaining a restraining order, only to find it’s like shouting into the wind if not properly served. This legal hiccup can flip your sense of security on its head, leaving you wondering where to stand. When paperwork aimed at protecting you doesn’t reach the right hands, it’s as though your safety […]
Can you get a restraining order for no reason?
No, you cannot obtain a restraining order against someone for no reason. To get a restraining order, you must show that you have been threatened or are in reasonable fear of imminent serious harm. Valid reasons for obtaining a restraining order include causing or attempting to cause physical injury, domestic violence, harassment, stalking, or other […]
What Proof Do You Need for a Restraining Order?
The question, “What proof do you need for a restraining order?” is commonly asked but rarely, it seems, thoroughly understood. Evidence like documented injuries or threats, recorded messages, written statements and credible witness accounts are generally crucial. This article offers a focused breakdown of the specific types of proof required and how to effectively compile […]