Domestic Violence Criminal Defense

Domestic Violence: Assaults and batteries between a cohabiting couple, a couple with a romantic relationship, or a couple with a former romantic relationship or a child between them are treated differently from other assaults. The couple may be married, non-married, divorced, or same sex, for the legislative rules relating to domestic violence to apply. Domestic violence can be a simple misdemeanor all the way up to attempted murder. Even misdemeanor domestic violence cases are treated very seriously in California. If you are convicted of domestic violence, there is generally mandatory community service, always a period of formal probation with reporting to a probation officer, a 52 week class, and some sort of restraining order which is filed with the court. In domestic violence cases, sometimes the “victim” does not wish to prosecute. In this situation, there may be certain evidentiary privileges that can be applied. These privileges are never pointed out by the prosecutor. If the victim wishes to learn about their rights in the prosecution, he/she needs to seek legal advice, separate from the attorney who represents the offending party. If you are charged with domestic violence or if you are concerned about a domestic violence charged against your partner, you should always seek counsel. In addition to the mandatory punishment already listed here, a domestic violence may cause employers not to hire you. It can also be used in family/divorce court to keep the offending spouse from having any type of joint custody of the children. In many cases, the court imposes a jail sentence for domestic violence instead of simply a treatment program. Additionally, because someone convicted of domestic violence is on formal probation with several conditions, a probation violation is a very real issue in the event you are convicted of domestic violence.

I have handled many domestic violence cases and learned that this is one crime that crosses all segments of the community. Those who have all the advantages, as well as those who suffer from social, emotional, or financial disadvantages are often only one 911 phone call away from a domestic violence charge. I have worked in some cases to bring all the facts to the table, sometimes keeping the domestic violence charge from being filed by the prosecutor by giving him information he did not receive from the police. The District Attorney’s Office processes many domestic violence cases, and usually files them within a week or two of the arrest, often without all the facts, without the 911 tape, and without photos of injuries often described in the police report. Sometimes a simple photo of the defendant’s injuries or a viewing of injuries that may be somewhat exaggerated in police reports can be the difference between a charge being filed or not.

For more information on Domestic Violence charges and defense please contact us today