Arrested For Domestic Violence?
Domestic violence is taken seriously by police, prosecutors and judges. The alleged victim or the person who called the police is given the initial benefit of the doubt. In most cases, the accused is arrested, removed from their own home and blocked from having contact with the victim.
The understands how to handle these delicate situations. We advocate strongly for your rights and your freedom and help you tell your side of the story when the time is right. Our goal is to keep you out of jail and avoid a permanent restraining order that keeps you from seeing your partner or children.
Understanding Domestic Violence Charges
The term domestic violence (DV) goes beyond the obvious meaning of physical assault and battery. This broad term includes any kind of abuse or attempt by one person in a marriage or intimate relationship to dominate, subjugate, intimidate or control the other. Domestic violence can be threats of violence, verbal and psychological abuse, sexual abuse, imprisonment or any other abusive behavior.
Domestic violence charges and punishments vary widely depending on unique circumstances such as the nature of the relationship, the location where the crime took place or the accused’s criminal history, among others. It can be charged as a felony if it involves lasting injury, use of a weapon or any other form of escalated violence.
The Range Of Domestic Violence
These are some of the most common types of domestic violence charges under California law:
- Aggravated trespass – Penal Code §601
- Elder abuse – Penal Code §368
- Criminal threats – Penal Code §422
- Physical injury to a spouse or inhabitant – Penal Code §273.5
- Child neglect/failure to provide care – Penal Code §270
- Domestic battery – Penal Code §243(e)(1)
- Child abuse – Penal Code §273d
- Child endangerment – Penal Code §273a
- Revenge porn – Penal Code §647(j)(4)
- Stalking – Penal Code §646.9
- Damaging a telephone line or wireless device – Penal Code §591
- Publish harmful information on the internet – Penal Code §653.2
Punishments And Penalties For Domestic Violence Charges In California
The penalties for a DV conviction may include some or all of the following:
- Mandatory minimum jail time
- Mandatory domestic violence classes or “batterer’s intervention program”
- Substantial fines and/or victim restitution
- Restraining or protective order for domestic violence
- Loss of the right to possess guns in California
- A permanent criminal record
- Deportation or similar consequences for noncitizens
Defense For Domestic Violence Charges In California
A criminal defense attorney is essential to get the best deal possible that the law can offer. Legal defenses for these kinds of charges include:
- The victim made a false accusation.
- The act was an accident.
- The accused acted in self-defense or was defending someone else.
- The injuries did not result from the defendant’s actions.
Why Hire Us?
- Vast state and federal practice in major felonies and crimes
- Over 40 years in trial and appellate tribunals
- Step-by-step guidance and full advisory through the whole process
The has over 40 years of experience and numerous offices in Southern California and statewide. If you are accused of domestic violence or violating a domestic violence protective order, call us toll free at 888-983-1217 or email us today to arrange a free consultation with an experienced criminal defense attorney. Hablamos español.