Domestic Violence Attorney Los Angeles

Strong and Effective Representation with Attorney Nicole Duncan

Domestic violence cases are some of the most emotionally charged and legally complex matters in California’s judicial system. Whether you are seeking protection from abuse or defending against false accusations, having an experienced domestic violence lawyer is essential. At Duncan Family Law, we specialize in handling sensitive cases with the utmost care, professionalism, and dedication.

Nicole Duncan, a trusted Los Angeles domestic violence attorney, is here to provide you with the support and advocacy you need during this challenging time. We offer a free consultation to discuss your case and help you understand your rights and develop a legal strategy.

Why Choose Duncan Family Law as Your Domestic Violence Attorney?

Nicole Duncan brings extensive legal expertise and a client-focused approach to every case. Her commitment to protecting the rights of her clients and her deep understanding of California’s domestic violence laws make her a highly sought-after advocate in Los Angeles.

Here’s why clients trust Nicole Duncan:

• Proven Track Record: Successfully resolved numerous domestic violence cases.
• Compassionate Guidance: Dedicated to providing emotional and legal support.
• Comprehensive Representation: Skilled in both family and criminal court proceedings.
• Local Expertise: Deep knowledge of Los Angeles courts and procedures.

Understanding Domestic Violence Cases in California

Under California law, domestic violence refers to abuse or threats of abuse between individuals in close relationships, such as spouses, co-parents, or cohabitants.

What is Domestic Violence?

Domestic violence, also known as domestic abuse, is a pattern of behavior in which one partner uses physical, emotional, or psychological abuse to control and dominate the other partner. This type of abuse can occur in any type of relationship, including romantic relationships, marriages, and family relationships. Domestic violence can take many forms, including physical assault, emotional abuse, verbal abuse, financial abuse, and digital abuse.

Types of Domestic Violence:

• Physical Abuse: Hitting, shoving, or other physical harm.
• Emotional Abuse: Manipulation, threats, or psychological harm.
• Financial Abuse: Restricting access to funds or employment.
• Verbal Abuse: Insults, humiliation, or intimidation.
• Elder Abuse: Neglect or abuse of older adults, which can lead to civil lawsuits and specific legal options like elder abuse restraining orders.

California Penal Code Section 273.5 governs many domestic violence cases, allowing for severe penalties, including jail time and fines.

General Statistics

• Intimate Partner Violence: 34.9 % of California women and 31.1% of California men experience intimate partner physical violence, intimate partner sexual violence and/or intimate partner stalking in their lifetimes.
• Emergency Room Visits: The Antelope Valley and South Los Angeles regions report the highest number of emergency room visits due to intimate partner violence.
• High School Students: Nearly 7% of high school students in the Los Angeles Unified School District have reported experiencing physical dating violence, while close to 5% have reported sexual dating violence.
• Annual Homicides: On average, there are 36 homicides related to intimate partner violence annually in Los Angeles County.
• Pregnant Women: Approximately 11% of pregnant women have experienced some form of physical, emotional, or sexual violence by an intimate partner.
• LGBTQ+ Community: Individuals identifying as LGBTQ+ are at a higher risk, with over 60% of bisexual women and significant percentages of transgender individuals and lesbians reporting intimate partner violence at some point in their lives.
• Homeless Women: Domestic violence is a major driver into homelessness for women in Los Angeles, with many facing ongoing violence exacerbated by homelessness.

California Domestic Violence Laws

California has strict laws regarding domestic violence, and the state takes these cases very seriously. California Penal Code Section 273.5, defines domestic violence as any willful infliction of corporal injury resulting in a traumatic condition upon a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of the defendant’s child. This law applies to both physical and emotional abuse.

In California, domestic violence can be charged as either a misdemeanor or a felony, depending on the severity of the offense. A misdemeanor conviction can result in up to one year in county jail, while a felony conviction can result in up to four years in state prison. Additionally, a conviction for domestic violence can result in a restraining order, mandatory counseling, and other penalties.

The legal process for domestic violence cases is complex, and the consequences of a conviction can be severe. Therefore, it is crucial to seek the assistance of experienced domestic violence lawyers as soon as possible. Book your initial consultation with our law firm today!

Services Offered

At Duncan Family Law, we provide comprehensive legal assistance tailored to your unique situation.

For Victims:

• Filing restraining orders.
• Pursuing criminal charges against abusers.
• Seeking financial and custodial protections in family court.

For the Accused:

• Building a strong defense against false allegations of a domestic violence offense.
• Contesting restraining orders.
• Navigating criminal and family court proceedings.

Restraining Orders

A restraining order can provide immediate legal protection.

• Types: Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Restraining Orders.
• Scope: Orders may prevent contact, award temporary custody, or mandate counseling.

Defense Strategies for Domestic Violence Charges

If you have been charged with domestic violence, a skilled attorney can help you develop a strong defense strategy to protect your rights and interests. Some common defense strategies include:

• Self-defense: If you were acting in self-defense and have used force to protect yourself.
• False accusations: If the allegations against you are false and are able to demonstrate that the accusations are unfounded.
• Lack of evidence: If the prosecution lacks sufficient evidence to prove the charges against you.
• Mitigating circumstances: If there are mitigating circumstances that contributed to the alleged domestic violence.

Our experienced domestic violence lawyers will thoroughly investigate your case, gather evidence, and develop a defense strategy tailored to your specific situation. With the right legal representation, you can protect your rights and work towards a favorable outcome in your domestic violence case.

Domestic Violence and Family Law

Domestic violence can have a significant impact on family law matters, including divorce and child custody cases. In California, the court’s primary concern is the safety and well-being of the children. If there is a history of domestic violence, the court may be more likely to award sole custody to the non-abusive parent.

In addition, domestic violence can also impact the division of property and spousal support in a divorce case.

The Legal Process for Domestic Violence Cases

Filing a Domestic Violence Case

1. Report the Incident: Contact law enforcement or file a police report.
2. Legal Consultation: Discuss options with Nicole Duncan.
3. Filing Restraining Orders: Protect yourself or respond to claims.

Court Proceedings

• Attend initial hearings.
• Provide evidence and witness testimony.
• Await a ruling on restraining orders, custody, or criminal charges.

Why Early Legal Assistance is Critical

If you are facing a domestic violence issue, prompt legal action can protect your rights and influence the case outcome. Delaying action may result in missed opportunities for legal remedies or defense strategies.

Nicole Duncan’s early intervention strategies include:

• Preventing escalation of legal conflicts.
• Securing evidence to strengthen your case.
• Providing immediate protection or defense.

Contact Nicole Duncan

Don’t navigate the complexities of domestic violence law alone. Nicole Duncan is ready to fight for your rights and provide the support you deserve.

• Phone: 988 369 9993
• Address: Duncan Family Law, 8075 W 3rd St Los Angeles, CA 90048
• Hours: Monday – Friday, 9 AM – 6 PM

Schedule your consultation today!

FAQs

What qualifies as domestic violence in California?

Domestic violence includes physical harm, threats, and other abusive actions against someone with whom you have a close relationship.

What are the penalties for a domestic violence conviction?

Penalties range from mandatory counseling and probation to jail time and hefty fines.

Can restraining orders be enforced or contested?

Yes. Restraining orders are legally binding and can be contested in court.