What is Domestic Violence?

California Family Code § 6211 defines domestic violence as abuse towards a current or former spouse, cohabitant, or relationship partner. In addition to abuse, threats can also lead to a domestic violence charge. This could occur after an argument with anyone living with you. While you may typically think of domestic violence against a spouse, you can be charged with domestic violence after an argument with anyone living with you. 

While these charges can bring long-term consequences including jail-time and a ruined reputation, it is possible to avoid this. Our skilled attorneys have helped many clients get domestic violence charges dropped in Irvine. With our help, you have the best chance of success. 

Retain a defense firm with over 40 years of experience. Call Wallin & Klarich today at (877) 4-NO-JAIL for your free consultation!

Who Is A Cohabitant in Domestic Violence Cases?

California Family Code § 6209 defines a cohabitant as a person who regularly resides in your household, and a former cohabitant as someone who formerly regularly resided in your household. Courts further decide who is considered a cohabitant. This generally includes: 

  • Someone living with you or formerly living with you, including roommates
  • A spouse or former spouse
  • Someone in a relationship with you

When examining the relationship between you and the alleged victim, the court will consider many factors including:

  • The sexual nature of your relationship
  • The financial nature of your relationship, including mutual assets
  • How you label, or labeled each other, including boyfriend, girlfriend, husband, wife, fiancee, and domestic partner
  • The length of your relationship

Irvine Domestic Violence Crimes

Wallin & Klarich has represented numerous Irvine clients charged with domestic violence crimes, including the following: 

  • Infliction of corporal injury on a spouse or cohabitant – PC 273.5 – In California, this crime can be a misdemeanor or felony and carries a penalty of up to 4 years in prison and/or a fine of up to $6,000. To be convicted of this crime, the prosecution must prove:
    • You inflicted corporal injury on a spouse, cohabitant, or former cohabitant;
    • You willfully inflicted that injury; and 
    • A traumatic condition resulted from that injury, this includes a wound no matter how minor or serious.
  • Domestic battery – PC 243(e)(1) – In California, this crime is a misdemeanor and carries a penalty of up to a year in jail and/or a fine of up to $2,000. To be convicted of this crime, the prosecution must prove:
    • You are in a relationship with the alleged victim and intentionally touched them; and 
    • The physical contact was offensive or caused injury. 

Domestic Violence Penalties and  Consequences

In an effort to reduce the number of domestic violence incidents, California has imposed harsh penalties to those convicted. If accused of domestic violence, you should expect to face harsh penalties including jail time and/or hefty fines. When you’re presented with such a challenging legal battle, you need skilled legal help to avoid harsh penalties. 

If you’re worried about what lies ahead and how to get out of this legal mess, consulting with our lawyers will put your mind at ease. Our domestic violence attorneys understand what you’re facing, and we also know the best ways to help you dodge a harsh sentence. Contact us today to learn more about how we can help you.  

In addition to jail time and fines, you could also face the following penalties if convicted of a domestic violence crime:

  •  Restraining order
  • Probation
  • Restitution for the victim
  • Community service
  • Loss of gun rights
  • Counseling
  • Crime-specific programs, such as a 52-week batterers’ program
  • If you have prior felony convictions, you could face fines of up to $10,000 and up to 5 years in prison. 

How A Domestic Violence Conviction Impacts Your Life In The Long Term

A domestic violence accusation can leave both you and your family in a nightmare. While a spouse or partner may regret calling the police, once the police are involved it is entirely up to the prosecution to decide what’s next for your case. Both your career and reputation are in jeopardy. 

When facing a domestic violence charge, you need experienced attorneys to help you. Consult with our domestic violence attorneys and explore all your options. We understand how unexpected and overwhelming this situation may be for you. The best thing you can do is turn to us. We’ve helped many Irvine residents get through similar situations. If you have trouble affording a lawyer, we offer a payment plan to help you out. Plus, your phone consultation is completely free. At the very least, give us a call. 

Think of all you have to lose. Contact Wallin & Klarich today at (877) 4-NO-JAIL.

Domestic Violence Defense Strategies To Avoid Conviction

You may find your life in disarray right now. But there’s hope for getting everything back on track. Our attorneys have all the skills you need to get through this battle ahead. Wallin & Klarich has handled domestic violence cases similar to yours for over 40 years. 

From our experience, every case presents multiple opportunities for our skilled defense team to build a strong strategy. We’ll investigate the facts and determine the strengths of your case. Then, we build your defense, highlighting the weaknesses in the prosecution’s case. 

Below, you’ll find a few of our past strategies for getting clients’ domestic violence charges dropped or reduced in Irvine.

Self-Defense

The police can arrest the wrong person in a domestic violence case. If the alleged victim physically attacked you or threatened your safety, it is within your rights to use reasonable force to stop them from injuring you. 

For example, a few drinks lead to you and your partner bickering about finances. Things escalate into a screaming match, and your partner threatens you with a gun, which you wrestle away. But when the police arrive, they rush to judgment and arrest you. 

In this case, your Wallin & Klarich attorney would argue that the alleged victim posed a danger, and you only used enough force to get the gun and remove the threat. Under these circumstances, the prosecutor may even drop your charges. If you had no choice but to defend yourself, our attorneys are happy to discuss this defense with you in more detail. Call Wallin & Klarich today for your free legal consultation. 

False Allegations

Emotions can make people go to extremes, like making a false report out of anger or jealousy. Maybe your spouse lied or exaggerated the truth. Either way, it takes much more than stating the facts to convince the court that you’re innocent. You need an effective legal strategy that demonstrates your side of the story. 

If your significant other wants to help get domestic violence charges dropped, we can take their sworn statement. We will present it to the prosecutor and attempt to get charges dropped. We’ve successfully negotiated dismissals in many past cases. However, we’ve had just as much success in the courtroom, and we’re fully prepared to argue your case if the state can’t agree to a deal in your favor.

Accidental Contact

Sometimes accidents happen. For example, if you intervene in the middle of a fight and someone is injured. In instances like this, our experienced attorneys can argue that you did not intend to cause harm to the victim.

Alibi

In some instances, our attorneys can argue that you did not commit the crime by establishing a credible alibi that helps prove you were not at the scene during the alleged crime.

Hire A Domestic Violence Defense Lawyer Who Understands

With so many defense lawyers to choose from, it is easy to choose the wrong one. When evaluating a domestic violence attorney, you need to consider their track record, if your best interests are their priority, and their experience. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to show what separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice
  4. Specialized Legal Expertise

Trusted Legal Advocates | The Wallin & Klarich Difference

You need to be able to trust your domestic violence attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a domestic violence lawyer who understands the best way to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat false domestic violence accusations in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local domestic violence attorney that you can trust!

We’re here to help you!

18022 Cowan #285
Irvine, CA 92614

949-776-3424
(888) 749-0034
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18022 Cowan #285
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