If you’ve been charged with domestic assault and/or battery, it is critically important to connect with a domestic assault lawyer San Francisco, CA residents trust. Our firm represents both individuals who have been accused of domestic abuse in criminal matters and victims of domestic abuse in civil matters, so we understand the ins and outs of this area of the legal system from all angles. This approach provides us with a unique ability to represent the best interest of our clients, no matter which “side” of the situation they’re navigating.
Note that these sides don’t necessarily mean that our criminal defense clients are abusers. Although false claims of domestic abuse are rare, they do occur. And regardless of whether a criminal defense client is guilty or innocent, they are entitled – under the law – to mount a strong defense against any charges they may be facing. First, we’ll explore the process of defending against domestic abuse charges, then we’ll discuss the options that domestic abuse victims are entitled to explore in the wake of sustaining injury due to a loved one’s intentional violent behavior.
Defending Against Domestic Assault and/or Battery Charges
It is possible to defend against domestic abuse charges successfully. Sometimes, a successful defense presents proof that the accuser was lying. Other times, successful defense strategy involves illuminating the truth behind why someone who has been accused of harming another behaved as they did. For example, if an individual accused of domestic battery was violent but that violence was committed in defense of another or in self-defense, the charges against that individual may be dropped. In this scenario, the defendant isn’t disputing the issue that physical violence occurred. Instead, they are articulating the ways in which this violence was allowable under the law.
Once our experienced legal team learns more about your unique circumstances, we’ll begin crafting a defense strategy that suits those circumstances.
Seeking Experienced Legal Counsel During a Trying Time
The potential consequences of a domestic abuse conviction can be life-altering. In addition to facing either the criminal punishments associated with a misdemeanor or felony charge, you could lose custody of your children, be terminated from your job, and could face housing challenges. The experienced Northern California legal team at Hallinan Law Firm takes the potential consequences of domestic assault and battery cases seriously. We believe that the criminal justice system’s foundation of “innocent until proven guilty” is a fundamental right of those who have been accused of criminal wrongdoing. As a result, we represent our clients’ interests aggressively, whether they be criminal law defendants or victims of domestic abuse seeking to hold their abusers responsible for the harm that they have caused.
Civil Remedies Available for Victims of Domestic Assault
From the perspective of a domestic assault lawyer, San Francisco, CA residents trust, battery is an intentionally violent act committed by one individual against another. Should this occur, the victim has the legal right to pursue compensation from their perpetrator through a civil lawsuit. Whether or not the victim decides to file a lawsuit against the individual who assaulted them, the authorities may choose to file criminal charges against the perpetrator.
If found guilty, the perpetrator may be sentenced to prison time. A lawsuit can be filed before, during, or after the criminal trial. As for optimum timing for filing the lawsuit, a domestic assault lawyer San Francisco, California, clients rely on can provide guidance on this and related matters.
Common Dental Injuries Among Assault Victims
Assault victims may suffer a wide range of injuries at their perpetrators’ hands, depending on the nature of the attack. However, dental injuries are common among assault victims. Should you decide to file a civil lawsuit with the guidance of our San Francisco, CA domestic assault lawyer, against the person for the damages you have suffered as a result of the attack, it’s essential to document what happened to you. It’s also important to maintain copies of your medical treatment records and invoices from the dentist and your other doctors for treatment related to your assault. This information can be included in your injury claim or lawsuit and your petition for compensation from the perpetrator.
Orthodontic treatment can be a practical approach for reversing damage to the mouth caused by an assault. If your teeth were knocked out of alignment, braces might be needed. Be sure to inform your domestic assault lawyer San Francisco, CA victims of violence trust about the severity of your injuries.
If You are the Victim of an Assault and Battery
If you were harmed by someone who assaulted you, contact your local police to file an assault report against them. Be sure to get a copy of the police report as well. This creates an official record of your accusation and may initiate a criminal investigation. If you feel that you are vulnerable to another potential attack by the perpetrator, you may want to consider a restraining order or obtain an emergency protective order from a judge.
Our San Francisco, California domestic assault lawyer shares that though these are not guarantees of protection from the individual who attacked you, it can provide a basis for court action against them if they violate the court order. It can also be included as evidence (along with the police report) if you decide to file a civil claim for damages against the perpetrator.
Recovering Your Damages Via a Civil Claim
If you suffered a severe physical injury such as damage to your teeth and will require orthodontic treatment, you may be eligible to receive compensation from the federal Victim Compensation Fund. In addition, you may have grounds for seeking compensation from the individual who assaulted you. By hiring a domestic assault lawyer San Francisco, CA victims can turn to for help; you can file a damage claim with the court. In response, the Judge may rule that the perpetrator must pay you compensation, and if they do not have money, the court can garnish the individual’s wages and order that those funds are given to you.
Talk to a domestic assault lawyer San Francisco, CA residents trust from Hallinan Law Firm to learn what legal options are available to you for recouping the cost of orthodontic treatment following an assault.
Frequently Asked Domestic Assault Questions
Our domestic assault lawyer San Francisco, CA residents, can trust share that a relationship with someone abusive is incredibly dangerous. It can be complicated and challenging to make sense of. If you have been in an abusive relationship, you may be wondering why you continue to remain with someone who mistreats you. Chances are you have spent a significant amount of time justifying the relationship that you are in and coming up with reasons to stay. Hallinan Law Firm may be able to help you during this difficult time. If you are trying to leave, or have experienced domestic assault, our lawyer available in San Francisco, California, is here to guide you and answer the many questions you have:
What is domestic assault?
Assault is when someone inflicts physical harm on another person. Domestic assault occurs when physical harm has been committed by a person who was the spouse, partner, or relative of the person who experienced a bodily injury. When a domestic assault occurs, the abuser may face criminal charges as a result. The most significant difference between domestic assault and assault is the nature of the relationship. Our domestic assault lawyer in San Francisco, CA, shares that, if you were the victim, you might be able to take further legal action through the civil claims process if damages incurred as a result.
Can I press charges for domestic assault?
If you have been assaulted by someone that you know, you may be able to press charges for domestic assault by contacting law enforcement to take action. You will need to share with them as much information as possible, including your account, eyewitness information, and any photographs or videos that help to prove your case. Our San Francisco, California domestic assault lawyer shares that filing a police report or pressing charges can play a crucial role in holding your abuser accountable.
Can I file a personal injury claim if I have sustained damages from domestic assault?
If you are the victim of abuse and have sustained damages, you can take legal action with our domestic assault lawyer in San Francisco, CA. Assault is not only a criminal offense, but it may also call for civil action. Damages are any losses that have been incurred as a result of the actions of your abuser. Damages could include medical expenses, rehabilitation, lost wages, and more.
Why is it so hard for victims of domestic violence to leave their abusive partners?
This is a question that many often contemplate, even the victim themselves. Victims are often caught up in a vicious cycle of power and control. Isolation, power and control, fear, loss of confidence, and more can be incredibly debilitating. One of the most common reasons victims have trouble leaving is the fear that further harm will be inflicted upon them for ending the relationship.
Why might I need a domestic assault lawyer in San Francisco, CA?
Hallinan Law Firm has the grit and experience needed to assist you in taking legal action. If you have experienced domestic assault, there will be several factors at play. You may be considering taking action or filing a claim for the damages you have suffered, your partner who assaulted you could be facing criminal charges. You may be trying to leave an unsafe relationship. With so many complex factors at play, emotions are sure to run high. You may be feeling conflicted over the proper steps to take.
Our domestic assault lawyer available in San Francisco, CA, can help you weather the storm, call today.
Pursuing a Civil Claim After a Domestic Assault
Our domestic assault lawyer San Francisco, CA victims, rely on will tell you that the road to recovery for victims of domestic assault can be long and arduous. Domestic assault often leaves victims disconnected from their natural support system and left to recover from physical and emotional damages; you may consider pursuing a civil claim. Domestic assault damages are the losses that have resulted from the abuse. At Hallinan Law Firm, our San Francisco, California domestic assault lawyer is here to provide you with the legal support you need to keep your interests at the forefront.
The Impact of Domestic Violence
An assault is one where someone intentionally harms another person. Physical and emotional abuse is a factor when domestic violence is present. However, be aware that when domestic violence is at play, assault charges could result. In some cases, your domestic assault lawyer in San Francisco, CA, will recommend that you take legal action in the form of a personal injury claim. Domestic violence may impact your physical well-being. It can also have a profound impact on your emotional well-being, even long after you have left the relationship you were in. This might include:
- Difficulty Trusting
The impact can be far-reaching. It’s likely that to truly heal from the assault or violent relationship that you were in; you will need to seek proper therapeutic support in addition to the medical care that you might require from the injuries you have suffered. Working with a domestic assault lawyer that San Francisco, CA victims turn to may be the right step towards taking legal action for the losses you may be facing.
Damages from Domestic Assault
While many domestic assault cases could result in criminal charges, they can also result in further legal action. Damages are losses that you have suffered after the assault. If you have suffered damages, you may be able to take legal action for domestic assault in the form of a personal injury claim. After reviewing your case, our San Francisco, CA domestic assault lawyer might identify a variety of damages that might include medical expenses, emotional pain, or other financial losses. To experience a domestic assault can be devastating. Because of this, you deserve a San Francisco, CA lawyer for domestic assault who will stand by your side and represent your best interests after all you have experienced.
When a person assaults another, they have intentionally caused harm to that person. Domestic violence or assault can be physical or emotional and occur with someone that you know. The abuser is often someone in a close or intimate relationship with the victim, such as a family member, partner, or roommate, or parent. Our San Francisco, CA domestic assault lawyer shares that to take legal action in the form of a civil crime, you will be required to supply evidence in support of your case. Common evidence might include:
- Witness Testimony
- Photographs of Injuries
- Documentation of Injuries
- Medical Expenses
- Police Reports
- Documentation of Written Communication
- Documentation of Verbal Communication
You deserve to have the time and space to recover from the assault that has occurred. Working with our San Francisco, CA, domestic assault lawyer can help you take action to obtain the compensation you deserve.
As a victim, managing a domestic assault can be complicated, and emotions will be running high. Amidst this, you may be dealing with both a civil and criminal case. Hallinan Law Firm is dedicated to supporting you when you need us most. To get started, call our San Francisco, CA domestic assault lawyer.