A mere argument or slight physical contact is enough for law enforcement to arrest and charge you with domestic violence. A domestic abuse charge has immediate, serious consequences that may include a restraining order and loss of child custody. To protect your rights and freedom, it is best to contact a reputable Corona domestic violence lawyer right away in these situations. Our leading criminal defense attorneys at the Law Offices of Scott D. Henry understand how challenging this situation is and we are committed to providing you with the highest level of guidance and legal representation so that you can feel assured your case and your family’s best interests are in the right hands.
In the state of California, domestic violence is defined as abuse or threats of abuse by a person who is in a personal relationship with the alleged victim. Therefore, household violence refers to any acts of physical, sexual, and emotional abuse that include cyberstalking, stalking, false imprisonment, rape, assault, battery, and false imprisonment. Under California Penal Code 273.5 PC, domestic violence can be charged as a misdemeanor or felony.
When law enforcement is called to a possible domestic violence situation, there are several steps they must take. First, officers must make an arrest if there is any sign of injury, no matter how slight. In cases where both parties show signs of injury, officers must determine the primary aggressor in the incident and place them under arrest. Additionally, law enforcement will remove all firearms from the home and restraining order violations must result in an arrest.
Any law enforcement officer can offer an emergency protective order to the alleged victim. An EPO can be issued immediately and is in effect for a week. This gives the alleged victim time to pursue a more permanent restraining order. Finally, law enforcement must complete a crime report and forward a copy to the local District Attorney for review.
There is a lot on the line when you have been charged with domestic violence. A mere allegation can cause the court to order you to stay away from your home or prevent you from seeing your family. If you have children, a conviction can cause you to lose visitation rights and custody. In addition to jail time, a conviction may also have a substantial effect on your ability to obtain housing and limit your job opportunities indefinitely. Because the consequences for a domestic violence conviction can significantly impact your life, it is crucial to hire a Corona attorney who could fight on your behalf.
Being charged with domestic abuse can be devastating. Fortunately, there are several solid legal defenses our skilled attorneys could pursue to help fight the domestic violence charges against you. Some of these defense strategies include:
Our seasoned defense attorneys at the Law Offices of Scott D. Henry have defended our clients against household violence allegations for over 40 years. We understand that there are two sides to every case and are committed to ensuring your voice is heard. Contact our office today for a free, confidential case analysis. Let our dedicated Corona domestic violence lawyers provide you with a proactive, aggressive defense.