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When people imagine or try to describe domestic violence, many will automatically think of a husband beating a wife. This is an act of domestic violence, but the term itself refers to a much wider range of behaviors, and there are a myriad of criminal charges that can be filed accordingly. Domestic violence might be a woman assaulting or threatening her husband, parents neglecting, endangering, or inflicting cruel or inhuman punishment on a child, a caregiver abusing an elderly citizen, an abusive family member damaging a telephone line to prevent a relative from calling the police, or even a scorned lover posting harmful information about the former partner on the internet or distributing “revenge porn” to cause emotional distress.
On the other hand, domestic violence incidents can sometimes be nothing more than a disagreement between two spouses, and perhaps a third party called the police because they thought they heard the noises of a physical altercation. The allegation of domestic violence is very serious, as law enforcement will usually proceed with its investigation even if the accuser recants his/her allegation or insists that he/she does not want to press charges.
Domestic violence charges can have serious consequences and steep penalties if convicted. This can mean prison time, heavy fines, compulsory counseling programs, and a restriction on the ability to possess firearms. Moreover, domestic violence carries a heavy social stigma, and having it on your record can make it very difficult to find a job. For this reason, if you are being accused of domestic violence, even if it appears to be an unfounded or insignificant charge, we invite you to contact us today and speak to one of our experienced attorneys. Your future is not worth the gamble.
The classic defense against a domestic violence charge is to prove that, if there was an injury, it came about through self-defense. Some men may think that they cannot legally use self-defense against a woman, but this is simply untrue.
Our firm has also been successful in arguing that injuries were caused accidentally. This is particularly common in incidents involving alcohol.
We also defend our clients by proving that no domestic violence took place at all. Accusations of domestic violence are sometimes false and the result of one party trying to gain the upper hand in divorce or child custody proceedings. A domestic violence conviction can lead to a presumption that someone is an unfit parent.
Persons accused of Spousal Battery or PC 273.5 face allegations of bodily injury caused to either (1) a former/current spouse, (2) the mother or father of a child, or (3) a person with whom you live or have lived. A prosecutor must prove that there was intent to cause bodily harm and that it caused trauma to the alleged victim.
These charges are emotionally driven and frequently involve false allegations related to retaliation and other motives. These charges have serious consequences, as the Department of Child Services can get involved if there are children residing in the home.
This crime is also designated as a “wobbler,” and a criminal defense attorney can have a spousal battery felony charge reduced to a misdemeanor. Our criminal defense team has successfully defended numerous domestic violence cases with the City Attorney and District Attorney’s office.
If there is an allegation of a violation of a domestic violence restraining order, that in itself is a crime under Penal Code 273.6. Once an order has been issued by a judge, it is entered into a law enforcement system known as CLETS. This order can be valid for up to 5 years and can affect your rights to own a gun, immigration status, where you can live, visitation rights with children, among other conditions. Violations can be charged as misdemeanors or even felonies. Scorned ex-spouses or others may try to fabricate charges against you based on lies and evidence of “harassment” or even stalking. This he said/she said type battle requires experienced attorneys to discredit, undermine, and present admissible evidence of alibis when the fact situation demands it. A key question often turns on whether there was a valid restraining order to begin with. Perhaps it wasn’t even properly served. Exploring these issues requires effective counsel and advocates who will be by your side, filtering through every single piece of evidence pointing to your innocence.
A domestic violence restraining order can be granted as an Emergency Protective Order until a hearing is held by a judge to determine whether or not a more permanent order should remain in effect. This is different from a criminal protective order or a stay-away order issued in criminal court while there are active criminal proceedings or pursuant to a conviction or guilty plea.
A criminal defense investigation and quick access to police records are essential to resolving these types of cases quickly and at the earliest stage of the process. Secure your freedom. Call for your free consultation today!
(b) Notwithstanding any other law, no court may imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt when the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime.
Even though a judge and DA may threaten to hold a complaining witness for domestic violence in contempt for their refusal to testify at trial, frequently a 5th Amendment right not to incriminate themselves at trial will come into play if they filed a false police report and now wish not to pursue a prosecution.
Domestic violence can include physically hurting someone, sexual assault, making someone reasonably afraid (imminent fear based on threats), and harassment or stalking-like behavior. Conduct that prevents a person from freely moving or even physical abuse to family pets can constitute domestic violence for which a restraining order can be obtained.
PC 243 (e) (1) battery, PC 273.5, and Family Code 6203 are the relevant laws that come into play with these types of allegations.
