What is Domestic Violence under Penal Code 243(e) in California?
What is Domestic Violence under Penal Code 243(e) in California? Most people know that domestic violence is a crime in California. However, many people do not understand the complex laws regarding domestic violence. Under California Penal Code Section 243, battery on a spouse is a domestic violence crime, and it carries serious penalties if you are convicted. But what exactly does "battery on a spouse" mean? What is Battery on…
Read MoreDomestic Violence: What if the Alleged Victim “Recants” Her Statement to the Police
Domestic Violence: What if the Alleged Victim "Recants" Her Statement to the Police Domestic violence claims are very common in today’s society. They can result from a minor verbal fight or from a non-verbal action made in the spur of the moment (an action perceived as a threat). Regardless, the consequences of domestic violence are very serious. But what happens if you are accused of domestic violence, and the victim wishes to…
Read MoreTerminate A Domestic Violence Restraining Order
Terminate A Domestic Violence Restraining Order If a domestic violence restraining order was issued against you, it could impact your ability to live a normal life. You could be banned from seeing members of your family or from visiting certain areas. However, you may be eligible to terminate a domestic violence restraining order. Can You Terminate a Domestic Violence Restraining Order? In Loeffler v. Medina, the court denied an application…
Read MoreCriminal Protective Order vs Restraining Order: What’s the Difference?
Criminal Protective Order vs Restraining Order: What's the Difference? Victims and witnesses of a crime often need protection from the court. So do people involved in a domestic dispute. There are different remedies a court may order to provide a person relief from harassment or harm. A criminal protective order (CPO) may be issued at the request of law enforcement to protect a person deemed to be at risk as…
Read MoreHow a Domestic Violence Charge Impacts Immigration Status
How a Domestic Violence Charge Impacts Immigration Status In the U.S., any immigrant who violates the law could face deportation as part of the punishment. This includes immigrants who are in the country legally.1 If you are an immigrant facing domestic violence charges, you could be deported. However, that is not always the case. Whether you are deported will depend on the circumstances surrounding your case. Let’s take a look…
Read MoreU.S. Supreme Court Says You Can Go to Federal Prison for Having a Gun with Domestic Violence Conviction in the Past
U.S. Supreme Court Says You Can Go to Federal Prison for Having a Gun with Domestic Violence Conviction in the Past If you have a prior conviction for felony domestic violence in California under California Penal Code 273.5, you cannot legally possess a gun for the rest of your life. However, California law allows you to possess a gun if you are convicted of a misdemeanor violation of domestic violence…
Read MoreDomestic Violence Recantation in Los Angeles: You May Win Your Case if the Alleged Victim Recants Statements (PC 273.5 & PC 243(e)(1))
Domestic Violence Recantation in Los Angeles: You May Win Your Case if the Alleged Victim Recants Statements (PC 273.5 & PC 243(e)(1)) Being accused of domestic violence or corporal injury upon a spouse (or a loved one) may lead to very serious criminal penalties if you are convicted. These penalties include the real possibility of: Serving a lengthy jail sentence Being on probation for 3 to 5 years Having to complete…
Read MoreWillful Infliction of Corporal Injury on a Spouse in Newport Beach: A Wobbler Offense Under PC 273.5
Willful Infliction of Corporal Injury on a Spouse in Newport Beach: A Wobbler Offense Under PC 273.5 What is a wobbler offense in Newport Beach? The first question you may be asking yourself after reading the title of this article is, “what is a wobbler offense?” A wobbler offense is a term used in California law to describe an offense that can either be filed as a felony or misdemeanor.…
Read MoreCan I go to Jail if I Refuse to Testify in a Spousal Battery or Domestic Violence Case in Irvine?
Can I go to Jail if I Refuse to Testify in a Spousal Battery or Domestic Violence Case in Irvine? Every day, thousands of people are arrested for spousal battery in California. In the majority of those cases, the alleged “victim” does not want their attacker to be prosecuted or face jail time. The Irvine spousal battery attorneys at Wallin & Klarich have heard several reasons given by alleged victims…
Read MoreIf You are Involved in a Domestic Violence Case, You Still Have a Right to See Your Children
If You are Involved in a Domestic Violence Case, You Still Have a Right to See Your Children Having a domestic dispute with your spouse or partner is always a stressful situation for everyone involved. Often, a couple’s children become an unfortunate bargaining chip as they get caught in the middle of mom and dad’s disagreement. Sometimes, county agencies such as Child Protective Services (CPS) react by trying to prevent…
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