Protecting Your Rights and Freedom
If you are facing charges of household abuse, you do not have to face this crisis alone. Our team understands how much a mere allegation of domestic violence can affect your personal and professional life. Local prosecutors and judges take these cases very seriously, and the penalties can be substantial.
Unfortunately, when the police believe that domestic violence has occurred, they are mandated to bring the accused person into custody. If you or your loved one has been charged with domestic violence, hiring an experienced attorney is the best way to protect your rights and your freedom as you fight a domestic violence charge.
You need an Orange County domestic violence lawyer to fight for your rights aggressively. Our team of criminal defense attorneys at the Law Office of Scott Henry has decades of experience trying cases involving these offenses. We will ensure your side of the story is heard, and your rights are protected. For a free consultation, call our law firm today at (714) 294-0599.
What is Domestic Violence?
California Penal Code 273.5 PC defines domestic violence, or “DV,” as mental, physical, or verbal abuse toward a spouse, family member, child, cohabitant, or loved one. This violence may include hitting, kicking, punching, name-calling, intimidation, or pushing. It is a violent act that is aggressive in nature and often goes unreported. Additional charges typically accompany domestic abuse charges, some of which may include:
- Harassing phone calls
- Child endangerment
- Disturbing the peace
- Child abuse or abduction
- Criminal threats
- Spousal abuse
- Hazing
- Intimidation
- Stalking
If you are facing any of these charges, it is essential to be represented by a local attorney who could thoroughly investigate the alleged domestic violence offense and provide you with a solid, proactive defense.
What is Considered Stalking?
Stalking is defined as a pattern of intentional and malicious behavior. These victims are often estranged partners or spouses but could also be complete strangers. State stalking law defines the crime as repeated harassment that creates a credible threat of harm to the victim or family members of the victim.
Stalking victims usually obtain restraining orders to keep their stalkers away. If there is a restraining order, and the individual continues to stalk this person, the punishment could be substantially higher.
Is Domestic Abuse a Misdemeanor or a Felony in Orange County?
Domestic violence is a “wobbler,” which means it can be either a misdemeanor or a felony. The details of the case are examined to determine the severity of the charges. In California, misdemeanor domestic violence is punishable by up to one year in jail and a fine of up to $6,000. Felony domestic abuse is punishable by up to five years in prison, probation, and substantial fines. If you are facing a felony domestic abuse charge, a skilled lawyer in Orange County could work with the prosecutors and possibly have the charge brought down to a misdemeanor.
If a victim sustains substantial bodily injury, the charge is counted as a “strike” under the Three Strikes Law. Any conviction of domestic violence can be used to enhance future criminal penalties. A defendant’s criminal history will significantly influence the prosecutor’s decision on whether to file domestic violence charges as a misdemeanor or a felony.
The domestic violence charges you could face under California law include:
Corporal Injury to Spouse
Corporal injury is defined as willingly inflicting a traumatic injury upon another person. The injury does not need to be serious, and even a slight injury can be charged under this California penal code.
Battery
Battery is using force or violence upon an intimate partner with whom you had a relationship. Fist fights and other violent fights often fall under this category. Simply pushing your partner away from you can be enough to be charged with battery.
Disobeying a Domestic Relations Court Order
Prosecutors must prove that you intentionally violated a court order issued by the California court. In many cases, this charge is given after a custody dispute where one person goes over to pick up their children. Violating restraining orders can be charged as a felony or misdemeanor.
Criminal Threats
Willfully and unlawfully threatening to commit a crime that could result in injury or death can be charged as a criminal threat. In many domestic violence cases, this crime is committed when someone yells that they are going to kill or harm the other person in anger.
Simple Assault
Attempting to commit a violent injury to another person is classified as simple assault. Even if the attempt was unsuccessful, you can still be charged with simple assault. This crime often happens when one person takes a swing at another person but misses, ultimately failing to do any harm.
Dissuading a Witness
Many domestic violence cases happen between intimate partners who are living together. If a defendant attempts to prevent a witness from reporting the crime to the police or any other law enforcement agency, they can be charged with dissuading a witness. This often happens when individuals ask someone not to report a crime after a heated argument.
Making an Annoying Phone Call
An annoying phone call describes using threats over the phone to inflict injury on another person or their property. This charge can also happen through other means, like text messages or email.
Damage to a Telephone or Cable Line
Damaging or removing a telephone or the line attached to it can be a felony or misdemeanor charge. In many cases, this happens when two people are arguing and one attempts to call for help. The defendant may rip the phone line from the wall or damage the phone in some way to prevent this.
Household Violence Penalties
Penalties for a domestic violence conviction can range in severity, depending on the injuries of the alleged victim, as well as if the offense was charged as a misdemeanor or a felony. In many cases, you could face jail or state prison time. A judge may require you to complete a batterers’ intervention class or anger management as well as deal with any underlying substance abuse problems.
An alleged victim may seek and be granted a temporary restraining order while the case is pending. If there are children involved, visitations may have to be supervised, and custody may be taken away. No matter what the circumstances of your household violence case, you need to consult an attorney immediately after arrest. You need someone you can trust who could fight hard to get you the outcome you deserve.
What if My Spouse or Partner Wants to Drop the Charges?
When investigators believe they have enough evidence to charge an individual, the case is given to the District Attorney. The DA ultimately decides if there is enough evidence to charge and proceed with a trial. If your spouse or partner wants to drop the charges, investigators will want to interview them to determine why they have changed their mind. It is important to note that the District Attorney can still arrest and charge an individual with domestic violence even if the spouse does not want to do so.
It is essential to remember that you cannot ask your partner or spouse to drop the charges against you. Asking them to remove the charges could be seen as coercion or witness tampering. You may face further domestic violence charges if you attempt to persuade your spouse to go back on their word. If you believe that your spouse may drop the charges against you, reach out to our law offices today to discuss your options.
Domestic Violence Defenses
Facing domestic violence charges is frightening because there is so much at stake because your future depends on the outcome of your case. Fortunately, there are some effective defenses to help you fight the charges against you. Solid arguments may include:
- Self-defense or the defense of others. In most cases, you cannot be charged with domestic violence if you are protecting yourself or anyone else in the area.
- You were not present when the alleged injury took place. False allegations can be used to threaten a person’s reputation. If you can prove that you were not there when the injury took place, you can claim innocence.
- It was an accident. Actions done in the heat of the moment typically carry fewer penalties than premeditated violence. If you did not mean to hurt your spouse, you may face lesser charges.
- You had your partner or spouse’s consent. Perhaps a witness saw you committing a consensual act and misconstrued the facts. Your spouse’s testimony can be used to defend yourself in a domestic violence case.
- Insufficient evidence. A lack of evidence can derail a prosecution’s entire case. Our team will ask for a dismissal if there is insufficient evidence against you.
- Mistakes made by investigators. Police officers are required to follow strict procedures when arresting or detaining an individual. If your rights are violated, our team will ask for a dismissal.
- False allegations. Some people use domestic violence charges to harm a person’s reputation. This is often used in contentious divorce proceedings. If you and your spouse are getting divorced, our team will investigate the legitimacy of the allegations you are facing.
The most effective defense depends on the circumstances surrounding the alleged incident. A skilled DV attorney in Orange County could assess the specifics of the household abuse case and determine the defense strategy that could give you the best possible outcome.
Challenging an Alleged Victim’s Testimony
At times, alleged victims do not want to testify because they have had a change of heart or embellished their story and want to make it right. There are many different reasons why an alleged victim would avoid testifying in a case. Sometimes, our attorneys determine that the best option is to push the case to trial. If the alleged victim does not show up, the prosecutors drop the case.
When the case involves a violent and potentially dangerous individual, the police may serve a subpoena to the alleged victim. If they do not show up to court, the individual could be arrested and required to testify at a later date. If the individual tries to give a different testimony, they will be challenged, and police will testify about the statement issued at the time of the arrest. It is an effective way of challenging alleged victims and is common in serious domestic violence cases.
What is the Legal Process in a Domestic Violence Case?
If you are arrested for a domestic violence charge, there are several stages you will likely have to go through. Not everyone experiences every stage, as it’s possible your case will be resolved or dismissed before going to trial.
Generally, the domestic violence process is as follows:
Arrest and Booking
If you are arrested for domestic violence, you will be taken into police custody and undergo booking procedures. You will be required to give personal information and fingerprints for the record.
Arraignment and Bail Hearings
At the arraignment hearing, you will be notified of the charges against you. Our team will advise you on which plea to enter at your hearing. Your bail hearing will determine if you can be released from police custody while you wait for your trial.
Pretrial Proceedings
Before your criminal trial, both sides gather evidence. Our lawyers will build your defense case using medical reports, witness statements, and police records to reduce or remove your charges. Our team will also file motions that could be beneficial to your case.
Trial and Sentencing
During your trial, both the prosecution and the defense present their evidence. Our attorneys will argue in your defense, using the evidence we have gathered to reduce or remove your charges. If you are convicted, you will be sentenced. We will advocate for alternatives to jail time and leniency, especially if this is your first offense.
What is a Domestic Violence Lawsuit?
A civil lawsuit is separate from a criminal domestic violence charge. In California, victims of domestic violence can file a lawsuit to claim damages from their alleged abuser. In these personal injury claims, plaintiffs can ask for financial compensation to pay for lost wages, medical expenses, emotional distress, embarrassment, and pain and suffering.
The specific type of personal injury claim a victim files depends on the type of domestic violence they have suffered. For instance, battery, sexual abuse, emotional abuse, and elder abuse could lead to a lawsuit. Most domestic violence cases are subject to a statute of limitations, meaning an alleged victim only has a certain number of years to file a lawsuit in court. Many victims choose a civil lawsuit if they do not have enough evidence to win a criminal case.
Can Domestic Violence Impact a Family Law Case?
Domestic violence cases can affect any family law matters you are currently involved in. Your divorce and child custody cases could be at risk, especially if you are convicted.
Your family law matters could be affected in the following ways:
Divorce
In most divorce cases, spouses are allowed to split assets and property down the middle. A domestic violence conviction, however, can allow a judge to limit your ability to keep your rightfully owned assets. Many judges will favor a victim of domestic violence rather than the accused in a contentious divorce case.
Child Custody
If you have children with your spouse and are pursuing a divorce, you are likely going through a child custody case as well. The California legal system prefers when parents split custody 50/50. However, when one parent is considered a danger to their children, the other parent may receive full custody or a higher percentage of custody.
Fortunately, the burden of proof for sole custody is fairly high. The alleged victim must provide photos, videos, police reports, hospital records, and other evidence to prove to the court that the accused is actually a danger to their children.
Speak with an Orange County Domestic Violence Attorney
You deserve to fight your domestic violence charges with an effective defense. A skilled Orange County domestic violence lawyer at the Law Office of Scott Henry could help you fight for your rights and freedom. Simply sharing your side of the story allows our team to collect vital information so we can determine the best options moving forward. Please contact our office today for a free, confidential consultation at (714) 294-0599.