Domestic Violence Defense Lawyers
Charged with a domestic abuse offense? The attorneys at NorCal Criminal Defense have years of successfully defending domestic violence allegations and can help. Unfortunately, innocent people get wrongly accused of domestic violence all the time. Often times the accuser will make a false allegation of domestic violence to gain the upper hand in custody or divorce proceedings or out of anger and jealously. To make matters worse, police policy is to always arrest someone when they are dispatched to a call of domestic violence (and its almost never the person who calls 911 first) Often times, the person being arrested acted in self defense during 'mutual combat' of fight. The key to successful defense in these situations is to act pro actively before charges are filed. A complete investigation of the facts to present your side of the story to the prosecutor may convince them not to pursue a criminal case at all.
Domestic Violence Charges
The following are some California laws regarding Domestic Violence and abuse:
California Penal Code Section 243 (e)(1) states that the penalty for battery against an ex-spouse, boyfriend, girlfriend, cohabiting partner, parent of shared child, or fiancé is a jail term and/ or a $2000 fine.
California Penal Code Section 422 states that any person who orally, in writing, or electronically threatens another person with physical injury or death shall serve up to one year's time in jail or prison.
California Penal Code Section 653m (a) states that any person who makes threatening or obscene telephone calls is guilty of committing a misdemeanor.
California Penal Code Section 273.5 (a) states that any person who "willfully" injures their current or ex-spouse,boyfriend, girlfriend, parent of shared child, or fiancé is guilty of a Felony and will serve a sentence in jail or prison and/or pay a fine.
California Penal Code Section 11165.3 states that punishing a child in a cruel manner causing the child to experience pain and suffering; or allowing the child to be placed in a dangerous situation is child abuse.
If you have been charged with domestic violence in Northern California, and the greater Sacramento Region you need to seek the representation of an experienced domestic violence attorney. Call us at 530-265-0186
Frequently asked questions about Domestic Violence:
What is Domestic Violence?
Domestic violence includes spousal abuse (husband or wife abuse), intimate partner abuse (boyfriend or girlfriend), abuse of persons who live together (elder abuse), and abuse of the other parent of a shared child.
What are some acts that qualify as Domestic Violence in California?
There are many acts that constitute Domestic Violence in California, including but not limited to: physical abuse, marital rape, assault, hitting, threatening, battery, biting, sexual abuse, chocking, slapping, punching, and victim intimidation. Other forms of domestic violence which may not be criminal include verbal abuse, emotional abuse, and financial abuse.
What is an emergency protective order?
An emergency protective order is used to keep the alleged victim of domestic abuse safe from harm. A domestic violence victim may be granted an emergency protective order against the alleged abuse. In this situation the alleged abuser may be forced to leave the home for the length of the order.
What are the consequences of a Domestic Violence conviction?
Depending upon the specifics of the case, a domestic violence conviction can result in either a misdemeanor of felony charge. The resulting consequences may include jail time, prison time, probation, fines, anger management courses, and counseling.
How does a Domestic Violence charge affect visitation with my child?
If you have been charged with domestic violence against the parent of your shared child, you may need to seek mediation to come to an agreeable arrangement regarding your child visitation. New child visitation rules may apply and your typical child care schedule and freedoms may be taken away. You may be forced to only see your child or children in supervised visitation.
What is supervised visitation?
Supervised visitation is when a parent may only see their child in the presence of another adult who will supervise their interactions at all times. This type of visitation is decided upon with the child's best interest in mind. In certain circumstances you may go to a facility that is used for supervised visitations
and other times an adult may accompany you and your child during your activities.
What is child abuse (mistreatment)?
Child abuse (maltreatment) encompasses a variety of dangerous acts that may harm or have the potential to harm a child under the age of 18, such as physical abuse, emotional abuse, sexual abuse, neglect, and sexual exploitation.
California child abuse (maltreatment) statistics in 2002, over 17% of all children in California between the ages of 0 and 3 were the victims of child maltreatment; and over 15% of children between the ages of 4 and 7 were
What is considered bodily injury?
Bodily injury is any harm to a person that results in permanent or temporary physical pain, including but not limited to cuts,burns, life threatening injuries, and disfigurement.
Can a police officer arrest me without a warrant?
Yes. If you are not arrested following the alleged Domestic Violence or child abuse occurrence the police may arrest you at another time without a warrant if they have probable cause. A detective may gather more evidence about the alleged domestic abuse incident and interview witnesses. Or, the District Attorney may choose to file charges and the judge can issue a warrant for your arrest.