Domestic Violence

Brown & Charbonneau, LLP, has successfully obtained multiple domestic violence restraining orders to protect victims of abuse and their family law matters. We have also obtained confidential six and 7-figured awards in civil cases involving sexual abuse and molestation.  Contact our office at 714 505-3000. We are ready to help you obtain the protection and justice you deserve.Domestic Violence

Family Code §6203 define domestic violence “abuse” as any of the following:

“(a) Intentionally or recklessly to cause or attempt to cause bodily injury;

(b) Sexual assault;

(c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to       another.

(d) To engage in any behavior that has been or could be enjoined pursuant to Section 6320”.

The behavior described in section 6320 includes molesting, attacking, stalking, threatening, sexually assaulting, battering (striking/hitting) harassing, annoying telephone calls, impersonating someone, destroying personal property, contact by mail or otherwise (i.e. text, emails, Instagram) or disturbing someone’s peace. If any of this behavior is directed toward you or other family or household member, you can ask for protection from the court.

For the perpetrator, physical, emotional or sexual violence is about control. The perpetrator will use a number of tactics to gain control of the victim. A spouse may play “mind games” with his or her spouse in order to keep the spouse dependent or to control their domestic life according to their terms. The perpetrator’s goal is to have control and power over the person being abused.

A parent may pride themselves that they do not use corporal punishment to discipline their children, yet a non-physical tactic used by the parent to “discipline” and control a child, like withholding affection, demeaning a child, making a child sleep outdoors without proper protection on cold and frigid nights, or withholding food can be just as or more devastating than physical abuse.

If you are being abused physically, emotionally or psychologically, or feel afraid or controlled by your spouse/partner, or boyfriend/girlfriend, contact a domestic violence counselor, or reach out to a trusted friend, clergy, teacher or healthcare worker. When using a computer to look for help, use a computer that the perpetrator does not have direct access to or can hack into like a computer in school, a public library, or at a close friend’s house. Also, traditional old-school phones with a “corded” are more private than cell or cordless phones. You can also call a domestic violence counselor in your county.

A lawyer can help you obtain restraining orders against the perpetrator, which can order the perpetrator to move out of the home, have no contact with you and other family members and to keep a certain distance from you. In certain circumstances, you may also be able to file a civil lawsuit for assault, battery, sexual abuse, and if the victim is under 18 years of age for child abuse and if over 65 years of age for elder abuse.

Here are few numbers and websites to remember:

  • If you are in immediate danger, call 911.
  • If you are being abused, call the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TTY) or ndvh.org
  • If you are a teen being abused call the National Teen Dating Helpline at 1-866-331-9474 or visit loveisrespect.org
  • If you have been raped or experienced sexual violence, call the National Sexual Assault Hotline at 1-800-656-4673 or visit rainn.org