Understanding Assault & Battery Charges
Legally speaking, assault and battery are separate charges; However, they are often issued in conjunction with each other. Assault is the criminal act of attempting to physically harm someone or making them believe they are in imminent physical danger, whether or not the act is completed, while battery is the use of force against someone to cause physical or bodily harm. Thus, it is rare to be charged with one and not the other. Assault can be considered a misdemeanor or felony depending on severity, whereas battery is always a misdemeanor.
Aggravated Assault & Battery
Assault and battery charges take a more serious turn when they involve dangerous or deadly weapons. Such cases, as any experienced assault and battery lawyer would attest, get upgraded to felony charges. They are then termed as “aggravated.”
Factors that can elevate a case to aggravated status include using weapons or attempting other felonies like rape or murder alongside. Aggravated assaults and batteries can lead to long-term imprisonment, and it’s vital to have a assault attorney for any assault case in Los Angeles to make sure that you understand what options you have.
Restraining Orders in Assault & Battery Cases in Los Angeles
When it comes to cases of assault and battery, restraining orders serve as a protective tool for those who feel threatened. Often, when someone seeks the expertise of an assault and battery lawyer, they may also inquire about obtaining or contesting a restraining order.
Restraining orders are relatively easy to obtain in California, and the legal system in California, in many instances, seems to favor the “injured party.” More often than not, the scales lean heavily toward the petitioner giving them an inherent advantage, which can be daunting for the accused. Although in theory the onus of proving the injury lies with the person requesting the restraining order, experienced assault attorneys in Los Angeles like Wegman & Levin know that the reality can be more complex. Reach out to us about your specific battery case so we can advise on your unique situation.
Restraining orders can be categorized into several types based on the nature and context of the threat:
- Civil Harassment Order
- Workplace Violence Restraining Order
- Domestic Violence Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Family Law Protective Orders
- Criminal Protective Orders
Civil Harassment Order: Generally sought when disputes arise between neighbors, roommates, or more distant family members.
Workplace Violence Restraining Order: Employers can apply for these to protect an employee who has been a victim of violence or a credible threat of violence at the workplace.
Domestic Violence Restraining Order: Pertinent in scenarios where the threat or act of violence comes from a spouse, ex-spouse, cohabitant, or someone closely related by blood or marriage.
Elder or Dependent Adult Abuse Restraining Order: Tailored to protect senior citizens or dependent adults from physical abuse, neglect, or financial exploitation.
Family Law Protective Orders: These are associated with family law cases, especially during contentious divorce or custody battles.
Criminal Protective Orders: Typically issued in criminal cases, particularly when the defendant poses a threat to the victim.
Understanding the nuances of each type is crucial, and this is where seeking the experience and knowledge of a California assault and battery lawyer is vital.
In general, restraining orders in California have a validity of three years. If not contested, the implications of such an order can be severe for the respondent. For instance, owning or purchasing firearms becomes prohibited, and specific geographical restrictions are imposed concerning the protected individual. The respondent will likely have to stay a prescribed distance from the protected person, and risk the possibility of being criminally charged if the protected person voices a complaint, whether or not it is true.
It is really important to have a pragmatic, highly experienced assault attorney in Los Angeles by your side, particularly if you are navigating the intricacies of assault and battery charges in conjunction with a restraining order.
