If you are convicted of domestic violence you will be facing a possible fine of up to two thousand dollars ($2,000), or imprisonment in a county jail for a period of not more than one year, or by both a fine and imprisonment.

For the prosecution to convict you, it must prove that you willfully and unlawfully touched the victim in a harmful or offensive manner and that the victim is either your spouse, former spouse, cohabitant, fiancé, a person whom you currently have or previously had a dating or engagement relationship or the victim was the mother or father of the your child.

Due to the possible consequences you may be facing, it is vital that you hire an experienced criminal defense law firm who knows the proper defenses for your case.

At Wallin & Klarich we have over 30 years of experience defending persons who are facing domestic violence charges. If you or someone you love is charged with battery, contact the experienced San Diego criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit us at www.wklaw.com. We will be there when you call.

Domestic violence is a serious crime in California.  There are several different types of domestic violence crimes a defendant can be charged with.  A common domestic violence crime is causing corporal injury resulting in a traumatic condition to a spouse or cohabitant.  Under California Penal Code Section 273.5, any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.  A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

If you or a loved one is facing a domestic violence charge, it is important that you speak with an experienced domestic violence attorney.  At Wallin & Klarich, our Southern California domestic violence attorneys have over 30 years of experience.  Our attorneys will examine every detail in your case and provide you with every possible defense.  Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.com.  We will be there when you call.

After the restraining order was about to end, Loeffler filed for an extension of the restraining order because she was concerned that Medina might harass or harm her if the restraining order was not renewed.  Loeffler cited reasons such as she was recently the prevailing party to a real property partition against Medina concerning their jointly owned home and she had experienced several acts of vandalism and harassment of which she suspected Medina.  Loeffler could not find Medina to effect service, so the trial court allowed Medina to be served by substituted service directed to the clerk of the court.  The restraining order was extended indefinitely with no expiration date.

Three months later, Medina filed a request to terminate the restraining order stating that Loeffler knew of his home address and failed to properly serve him.  The trial court denied his request to terminate the restraining order.

Two years later, Medina filed another application to terminate the restraining order.  He based his request on the facts that he was currently residing in Arizona, had recently married, had minimal contacts with the San Diego area, and the restraining order was impacting his employment and possible future activity as a reserve law enforcement officer.

Evidence was presented that established that Medina was in fact in San Diego many times during that past year, he still had an apartment in La Mesa in 2006, had close family members in San Diego, and his parents lived less than three miles from Loeffler’s house.

Therefore, the court found that there were few changed circumstances that would justify a termination of the court order.  Even though Medina was married and living in Arizona, he had returned to San Diego County to visit friends and relatives.  The trial court found that Medina was able to work in the construction field with the current restraining order and thus his employment was not impacted.  The trial court found that simply because Medina might volunteer again is not sufficient reason to allow him to possess firearms.

The trial court found that Loeffler still had a reasonable apprehension of future abuse and that a permanent restraining order was necessary in this case.

The court went on to further state that there are 3 different reasons to request a termination of the restraining order as set forth in Code of Civil Procedure Section 533.
The first occasion is when the law upon which the injunction was granted has changed.  Here, the court determined that there had been no change in the law that applied.

The second occasion is when there is a material change in the facts of the case. The court found that there was no material change of circumstances because Medina still had continuing contact in the San Diego area even if he had moved to Arizona and remarried.  He had many friends and close families members in San Diego and his parents home was less than three miles from Loeffler’s home.  Further, Loeffler saw Medina driving around many times in San Diego.

Third is if the ends of justice would be served.  Medina argued that the restraining order should be terminated to allow him to carry a gun as a volunteer law enforcement officer and so that he also would not be barred from construction jobs that required a security clearance.  The court said that simply because Medina may chose to volunteer again is not a justification to remove the court order and allow him to carry firearms.  Further, some of the agencies he argued he wanted to volunteer for do not require volunteers to carry a gun.  Second, the court found that Medina has been able to work in his construction field with the current restraining order and thus has not impacted his employment.

Therefore, the court denied Medina’s request to terminate the restraining order because the circumstances had not significantly changed.

Whether individuals decide to bring a restraining order or defend a restraining order, they should enlist the services of qualified legal counsel. A skilled Southern California family law attorney at Wallin & Klarich can help distinguish with the rules and laws regarding restraining orders and protect your interest. Contact our Southern California family law firm today by calling 888-749-7428 or visit us on our website at www.wkfamilylaw.com.  We will be there when you call.

A traumatic condition means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.

The punishment for corporal injury to spouse increases if the defendant has a prior conviction, within the last seven years, of inflicting corporal injury to a spouse, battery, battery causing great bodily injury, battery against a spouse, assault with chemicals, assault with a stun gun or less lethal weapon, assault with a deadly weapon. The punishment increases to imprisonment in county jail for up to one year or in state prison for two, four, or five years. The defendant will also face a fine of up to $10,000.

If the person has a prior conviction and the person is granted probation, the court shall impose one of the following conditions: 1) Minimum 15 days in county jail or 2) If two prior convictions within the last seven years, minimum 60 days in county jail. The court must make a finding of good cause on the record if one of these minimum sentences is not imposed.

If you or a loved one is facing a domestic violence charge, it is important that you speak with an experienced domestic violence attorney. At Wallin & Klarich, our Southern
California domestic violence attorneys have over 30 years of experience in defending the criminally accused from domestic violence charges. It is even more critical to hire an attorney if you have a prior conviction. With increased penalties, it is in your best interest to have an attorney who can provide you with the best possible defense. Call us today at (888) 280-6839 or contact us through our website at www.wklawdomesticviolence.com. We will be there when you call.

The majority of police reports developed after a domestic dispute will include two versions of facts and events: one from the alleged victim and the other from the alleged suspect. It is essential to hire a lawyer who will effectively investigate and document the reasons why your version of events is more believable and credible than the other party’s. It is important to understand that being arrested for domestic violence is not the same as being convicted of domestic violence. To arrest, an officer needs only probable cause that an offense has been committed. To convict, a prosecutor must prove each and every element of the offense beyond a reasonable doubt.

In order to make sure that your rights are accurately and aggressively defended after being arrested for domestic violence in Southern California, you should contact the experienced Southern California domestic violence defense lawyers of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-749-0034 or visit www.wklaw.com. We can help you.

The actor was taken into custody by police and detained under his given name Carlos Irwin Estevez before he was released the following day on $8,500 bail. He faces charges under Colorado law of menacing, criminal mischief, and assault. If convicted on all charges, the 44-year-old Sheen could be sentenced to up to 5 years in prison. Sheen has since returned to California to resume shooting for Two and a Half Men.

In California, the crime of assault is defined in Penal Code Section 240 for assault and battery charges, which involves an unlawful attempt, coupled with a present ability, to commit a violent injury on another. Assault is often associated with battery, but the two are distinct and separately chargeable crimes. Whereas a battery occurs when a violent injury upon another person is actually carried out, an assault occurs when an attempt is made to cause the violent injury. The crime of assault is completed even if no bodily injury occurs. Generally, an assault conviction brings with it a maximum fine of $1,000 and/or imprisonment in county jail for up to 6 months.

If you are faced with an assault charge, it is imperative that you seek the assistance of an assault attorney who can help you develop your defense. Our Southern California criminal defense attorneys at Wallin & Klarich have been representing people charged with assault and battery cases for over 30 years. Call us today at 888-280-6839 or visit us online at www.wklaw.com. We will be there when you call.

Once a 911 call is placed, there is no turning back. The police show up at the residence, arrest one or both of the persons involved, and then submit the case to the District Attorney’s office for possible prosecution. Once the police show up, it usually does not matter if the victim recants the allegations—it is now likely that the prosecutor’s office will file serious felony or misdemeanor criminal charges.

The problem with a victim’s recantation is that it is often not accepted by the prosecution. Even if the victim refuses to testify at trial, the state may be able to use the 911 tape as evidence (if the alleged victim called 911) in order to attempt to have the accused be found guilty. The United States Supreme Court has held that the 911 tapes are admissible, despite the victim not testifying, because they are non-testimonial statements gathered in an emergency situation. Though case law is not entirely clear, it seems that a conviction could stand based on the 911 tape and other evidence, despite the persistent recantation of the charges by the alleged victim.

Because of the complexities in domestic violence law and the sensitive nature of the cases, it is important to hire and attorney with domestic violence knowledge and expertise. The attorneys at Wallin & Klarich have over 30 years of experience in handling California domestic violence criminal defense. We are aware of the complexities involved in domestic violence criminal cases and work diligently to provide the best possible defense for our clients. Our attorneys can be reached by phone at or through our website at www.wklaw.com. We will be there when you call.