DOMESTIC VIOLENCE

Charges of domestic violence can affect entire families. We provide strong defense to individuals charged with domestic violence and people who have been issued protective orders and restraining orders.  Accusations of domestic violence are not limited to husband and wife relationships. Domestic violence spans all forms of relationships: boyfriends, girlfriends, same sex partners, elders, and children.  Domestic abuse also involves allegations of stalking, assault, battery, harassment, and sometimes sexual assault. If you or someone you know is facing these types of charges, we understand the confusion and fear a person may be experiencing. Our firm strives to educate clients about the process they will go through, their rights, and the options that are available.  Do not rely on the advice of friends or family members.

THE LAW REGARDING DOMESTIC VIOLENCE is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending Domestic Violence cases. An experienced attorney in these types of cases can successfully defend those who are accused of Domestic Violence and take advantages of jail alternatives such as counseling and probation. Examples of Domestic Violence include:

• Threats Intimidation
• Annoying Phone Calls
• Stalking (such as following the victim to and from work, and threatening the victim)
• Physical Assault or Abuse
• Hitting, Slapping, Pushing, Shoving, Kicking, Biting, Pinching, Punching, Hair pulling, Beating, Sexual Abuse, Unwanted sexual touching, Forced sexual acts

DOMESTIC VIOLENCE charges may be filed as a misdemeanor or a felony. How it is filed by the Prosecutor is based on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed.  Possible Punishment:

• Misdemeanors:
• Brief jail sentence (0 to 6 months County jail)
• Counseling (52-week program)
• 40 hours of community service or physical labor (CalTrans)
• Various fines
• Stay-Away Order from the victim, including moving out from residence
• Felonies:
• Jail time (time can range from 3 months in County jail to 3 years in State prison)
• Counseling (52-week program)
• 40 hours of community service or physical labor (CalTrans)
• Various fines
• Stay-Away Order from the victim, including moving out from residence

WHAT IF THE VICTIM WANTS TO DROP CHARGES?
In California, you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested.  In some cases, especially with Spousal Abuse, it is very difficult for the victim to drop charges against the abuser. The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The Prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.