Practice Area
California Domestic Violence Lawyers
What You Need to Know About Domestic Violence
Domestic violence is a blanket term for violence against a spouse, former spouse, present or past romantic partner, child, family member or person who lives with you.
Assault and battery against anyone is a crime, but the law gives special protection to spouses, girlfriends and boyfriends, children and other family members, who are seen as especially vulnerable. The injury doesn’t have to be serious. In fact, law enforcement officers responding to a call sometimes don’t even ask for proof that you caused it. Unfortunately, men are much more likely to be arrested for domestic violence than women. However, our law firm has handled scores of cases where women have also been accused of domestic violence.
In most domestic violence cases the main witness for the prosecution is the “alleged victim.” In a high percentage of cases the alleged victim, is the spouse or someone very close to the defendant. Often that person has a change of heart soon after making the initial allegation. The alleged victim often wants to “drop the charges.” Unfortunately once the arrest has been made the alleged victim no longer has control over the criminal prosecution. The position of the District Attorneys offices across California is that it is the prosecutor’s job to proceed with the case to protect the victim, whether or not the “alleged victim” thinks they need protection.
The criminal prosecution will then proceed through the court phase. It is critical when you are accused of domestic violence that you retain the services of a very experienced criminal defense law firm. In these cases it is often wise to have the alleged victim give a written or recorded statement to your California domestic violence defense lawyer that explains what the alleged victim states is “the truth” about what really happened. The defense firm can then use that statement in an attempt to convince the prosecution to drop charges. If the matter has to proceed to trial this statement can be often used to assist in your defense.
Recent decisions by the California and United States Supreme Court have made it easier for an experienced criminal defense firm to win your domestic violence case. This is because the new case decisions have stated that in most domestic violence cases “hearsay” statements made to the police officers cannot be admitted into evidence at the trial. This makes it much more difficult for the prosecutor to win their case when they are dealing with an uncooperative “alleged victim.”
If the police arrive at your home during a fight, do your best to be calm and polite, but say nothing. Don’t admit anything or try to explain what happened. Provide the officer with your identifying information and say nothing more. Anything you say could be used against you later. You should immediately contact Wallin and Klarich when the police come to speak to you and let our law firm help you at this critical time. Our Orange County domestic violence defense attorneys can help you in dealing with law enforcement and assisting you with an attempt to be have you released from custody.
It is always a good idea to speak to a lawyer before speaking to a bail bondsman. In some cases you may be able to save thousands of dollars in bail bonds fees by speaking to a criminal defense attorney first.
Violence against a spouse, girlfriend or “ex” (Penal Code 273.5) is a “wobbler” in California. This means that the offense can be prosecuted as either a felony or a misdemeanor. Felonies are punishable by prison time, where misdemeanors are punishable by up to a year in county jail. A felony charge is more likely if the accuser has visible marks, bruises or required hospitalization or medical attention. Another law, Penal Code 243 (e) (1), broadly covers “a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.” Violations of that law are punishable by up to a year in jail, a fine of up to $2,000, or both.
Furthermore, a domestic violence conviction — even one that only results in probation — will generally come with court-ordered anger management classes. These anger management classes are normally ordered for a 52 week period. Failure to complete the entire year will result in a violation of probation being filed against you. In addition, if you are convicted of domestic violence you are not allowed to use, own or possess a firearm for a minimum of ten years. In fact under federal law you may NEVER be ever to own a firearm again. For hunters and people who carry guns at work, this is a major and sometimes financially crippling punishment.
If you are found guilty of domestic violence you also may have difficulty in any pending child custody dispute. Often one spouse will use evidence of your domestic violence conviction against you to try to gain an advantage with the family law court. Often the courts will impose a “monitored visitation” requirement for your visits with your children until you can convince the court that you are not a risk to them. These are huge prices to pay for one moment of possible anger. You can see why it is very important when you are facing a domestic violence accusation that you seek the legal assistance of Wallin and Klarich.
