Pasadena Domestic Violence Lawyer
What is Domestic Violence in California?
Domestic violence is an umbrella term that covers various criminal offenses that occur in a domestic setting. These crimes can be committed against family, intimate partners, and household members including children and the elderly. The laws behind these crimes are intended to discourage family abuse and to punish those accused of such activity. Various types of crimes committed at the domestic level have been established under California law and violations of these laws can lead to serious consequences for the accused.
Unfortunately, many domestic violence cases are based on exaggerations, misleading statements, and lies. It is often one party’s word against the other’s with little concrete evidence to back it up. Nevertheless, when called to respond to a domestic violence report, law enforcement are required to make an arrest when made aware of any injury, regardless of how slight that injury may be. In these and all domestic violence arrests, it is imperative that you have reliable and trusted legal representation. You may be facing serious consequences including jail time, fines, probation, restraining orders, and more. These consequences can profoundly affect your life.
Types of Domestic Violence Crimes in California
Under California, the following constitute crimes labeled under the term “domestic violence.”
- Corporal injury to a spouse or inhabitant
- Child abuse
- Child endangerment
- Domestic battery
- Child neglect
- Criminal threats
- Damaging a phone line
- Aggravated trespass
- Elder abuse
- Posting harmful information about an individual on the internet as a form electronic harassment
- Revenge porn which consists of intentionally posting sexually-explicit pictures of an individual
What are the Penalties for Domestic Violence?
One of the most common California domestic violence charges is that of committing corporal injury on an intimate partner or household inhabitant. Even the slightest injury qualifies for this crime. It is charged as a felony that carries a term of incarceration in a county jail or California prison for one up to four years. How you are charged and the penalties you will face in this will depend on the nature of the crime, its circumstances, how serious any injuries are to the alleged victim, and any past history of criminal offenses you may have.
Another common domestic violence crime is that of domestic battery. This is generally charged as a misdemeanor based on an unlawful use of force used against an intimate partner, such as a spouse, former spouse, unmarried parent of your child(ren), a person you are dating or have dated in the past, or any person with whom you live. Under the law establishing this crime, it is not necessary for the prosecution to demonstrate that contact harmed or caused pain to the alleged victim. Merely touching the individual’s clothing or something they are holding or connected to (like swatting a purse or hitting a windshield) can result in this charge. A charge of domestic battery is punishable by a fine of up to $2,000 and/or up to a year in a county jail.
Aside from jail/prison time, fines, and probation, domestic violence crimes can result in being ordered to complete a batterer’s intervention program, payment of restitution to the victim for any medical expenses, property damage, or counseling needed, a restraining order that prohibits you from any contact with the victim and may result in a loss of your child custody rights, being prohibited from possessing a gun, and a permanent criminal record going forward. For noncitizens, a domestic violence conviction can lead to deportation or being found inadmissible to remain in the U.S.
What is a No-Contact Order?
If you are charged with domestic violence in California there is a good chance that the court will issue a “no contact order." Also known as an NCO, a no contact order may be issued as part of you conditions to be released from custody and prevents you from making any type of contact with the alleged victim in the case. Any violation of a no contact order will result in your return to custody.
Fight Back with Help From The Law Office of Damon Alimouri
Our Pasadena domestic violence attorney has the experience and legal skills needed to help you fight any of the above charges. We can conduct our own investigation into your case to hear your side of the story and build the most effective defense possible. In some cases, we may be able to persuade a prosecutor to abandon the case entirely. In other cases, a favorable plea deal may be the optimum route. Each case will be analyzed independently to create the best strategy to fight back. Our top priority is to help you avoid or minimize any consequences following a domestic violence accusation and we will put all of our resources and effort into that goal.
Learn more about the law and your options. Contact us at (626) 986-3838 to schedule your complimentary consultation with our attorney today.
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