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 that they heard the noises of a physical altercation. The allegation of domestic violence in itself 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.
Examples of Defenses Against Domestic Violence
Our firm has also been successful arguing that injuries were caused accidentally. This is particularly common in incidents involving alcohol.
Walk Tree Law also defends 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 be a cause to presume that someone is an unfit parent.
SPOUSAL BATTERY AND DOMESTIC VIOLENCE
These charges are emotionally driven and frequently involve false allegations related to retaliation and other motives. These charges have serious consequences in that 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 Attorneys office.
If there is an allegation of 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 good 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 on the bases of 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 innocent.
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 is 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 with a prosecution.
What is Domestic Violence?
It can include physically hurting someone, sexual assault, making someone reasonably afraid (imminent fear based on threats) and harassment or stalking like behavior. Conduct which 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.