Domestic Violence Defense Lawyer in Orange County, CA

Protecting Your Rights in Domestic Violence Cases

Domestic violence cases are filed when violence allegedly occurs between any individuals who are family members, spouses, girlfriends and boyfriends, co-inhabitants, fiancées, or former spouses.

Any time the police are called in a domestic dispute, someone will most likely be arrested, and it is often the wrong person. Once an arrest occurs, a police report is filed with the District Attorney, and it is then up to the District Attorney’s office to determine whether or not criminal charges will be filed. It is not up to the individual or alleged victim to “drop the charges”. The only one with the ability to drop charges is the district attorney. Unfortunately, because many domestic violence victims recant out of fear of retaliation or remorse, the district attorney’s office will not generally listen when an alleged victim comes to them after the fact and says that nothing happened.

If you are facing domestic violence charges, contact my office online or by phone at (949) 990-4195 to schedule a consultation as soon as you think you may be in trouble. The sooner we work together, the more I can help.

Understanding Punishments for Domestic Violence in California

The punishment for domestic violence offenses involves a 52-week “batterer’s treatment program”, fines, and community service. Additional punishment may be required by the district attorney or court, depending on the seriousness of the offense. This punishment can also include jail time, especially if there are visible or significant injuries involved.

There can be many other consequences of domestic violence charges. Domestic violence charges can affect someone’s immigration status. It can affect professional licenses. It can affect custody battles.

Domestic violence charges can be filed over what seems like the simplest things, and they can turn your life upside down. Let’s say you get into an argument with your spouse or partner. Things get a little heated. Your spouse goes to pick up the phone, but you want her attention, so you grab the phone out of her hand and throw it. She gets mad and calls the police. Once the police arrive, they are going to arrest someone even if you tell them it’s nothing. You could be charged with spousal battery for grabbing the phone, vandalism for throwing the phone, and child endangerment or neglect if children are present.

How is it possible that something as simple as grabbing a phone out of your wife’s hand could have life-changing consequences?

Many times charges are filed against the innocent party as well. It is quite common for a victim to be arrested.

Temporary Protective Orders in Domestic Violence Situations

First, there may be a temporary protective order. The police can issue a protective order during the arrest and make you leave your home. This means that if you have children who were present during the encounter, you may not be able to see them. You also may not be permitted to have any contact with your spouse, boyfriend, girlfriend, and/or your children for a period of time, until you go to court.

Generally, the district attorney’s office will file domestic violence cases more quickly than other cases because they want to get in front of the judge and get a protective order.

Requesting a Peaceful Contact Order

The alleged victim might not want a protective order because they want their spouse or loved one to come home, perhaps to help with the children. In these situations, the alleged victim must appear in court at the arraignment and ask the judge for a peaceful contact order. This type of order allows the accused to have contact but cannot engage in any violence.

The DA’s office is very skeptical of these requests. Victims often don’t want criminal charges filed against their loved ones. The DA believes that the alleged victim wants their loved one home because they are financially dependent on this person to pay the bills, or they’re scared of retaliation.

Court-Ordered Treatment Programs for Domestic Violence Offenders

The minimum penalty for a domestic violence charge in California involves a 52-week batterer’s treatment program. The class meets once a week for an entire year, and you must show the court proof of enrollment in the class and proof of completion in the class.