Facing charges of household abuse can be overwhelming. Even a mere accusation can drastically affect your future. A Tustin domestic violence lawyer could guide you through the criminal justice process and ensure your rights are being protected.

Criminal defense attorney, Scott D. Henry, and his team know that no two domestic abuse cases are alike. That is why we want to hear your version of events so we can effectively represent you. There is a lot at stake. It is important to retain a law firm with expertise in handling these cases. Your legal team needs to have extensive knowledge of the law and a thorough understanding of how household abuse cases are investigated and prosecuted.

What is Considered an Act of Domestic Violence?

California Penal Code 273.5 PC defines domestic violence as mental, physical, or verbal abuse toward a member of his or her household. It often occurs between spouses or domestic partners but can also involve parents, children, siblings, or roommates. The behavior is aggressive and violent and can have long-lasting effects on the alleged victim. Domestic violence offenses may include:

  • Assault
  • Battery
  • Strangulation
  • Kidnapping
  • False Imprisonment
  • Stalking
  • Cyberstalking
  • Emotional Abuse
  • Sexual Abuse
  • Psychological Abuse

Any form of domestic abuse is taken very seriously by law enforcement, prosecutors, and judges. Even if you feel you have been falsely accused, you will likely face immediate consequences. Our skilled of local attorneys could thoroughly investigate the events that led to your domestic violence charges. We could work diligently to provide you with an effective and proactive defense to help minimize any adverse effects.

Domestic Abuse Charges and Restraining Orders

A restraining order, or protective order, is an action issued by the court to prevent an individual from threatening, harassing, stalking, or physically abusing another person. They are specific to the circumstances and require the individual named in the order to refrain from specific acts. A restraining order could require the named individual to move out of their home, prevent them from seeing their children, prohibit them from visiting places they enjoy, and require the surrender of any firearms.

In California, there are three levels of protection, which include:

  • Emergency Protective Orders – An EPO is typically issued when an officer feels there is imminent danger of domestic violence, child abuse, or elder abuse. An EPO is valid for five business days or seven calendar days from its issuance, whichever is earlier.
  • Temporary Restraining Orders – A TRO is typically valid for two to three weeks. Sometime before the TRO expires, the court holds a hearing to decide whether a permanent restraining order should be issued.
  • Permanent Restraining Orders – PROs can be in effect for up to three years. They can also be extended if the court finds that an extension is warranted. Before a PRO can be issued, a court hearing must take place.

California Penal Code 273.6 PC states that it is a crime to violate a restraining or protective order. Although, there are several defenses an attorney may pursue if someone alleged of committing domestic abuse violates a restraining order. Common defenses include a lack of intent, a lack of knowledge of the restraining order, and a false accusation. A restraining order can have long-lasting effects on your household. If a restraining order is issued, it goes into immediate effect, so it is essential to take immediate action to protect your rights.

Are Household Violence Offenses Charged as a Misdemeanor or Felony in Tustin?

Domestic violence is a “wobbler,” which means the charges can be misdemeanors or felonies. The details of the case, including the nature and extent of the alleged victim’s injuries, determine how it is charged.

In Tustin, misdemeanor charges are punishable by up to one year in jail and a fine of up to $6,000. Felony domestic abuse charges are punishable by up to four years in prison, probation, and substantial fines. Other penalties may include:

  • A Restraining Order
  • Loss of Child Custody
  • 26-week Anger Management Class
  • 52-week Rehabilitation Class
  • Punitive Damages

A domestic violence conviction is on an individual’s criminal record permanently and could surface anytime they are subject to a background check. This can make it difficult to gain employment, housing, or professional licensing. Depending on the facts of the case, an experienced attorney in Tustin could work with prosecutors to possibly have domestic violence charges reduced, which will significantly decrease the severity of any penalties.

False Accusations

Often, innocent individuals are falsely accused of household violence. An accuser may make a false allegations out of spite or malice. They may also make a false accusation to gain an advantage in a divorce or child custody case. Additionally, there are times where accidents are misconstrued as an act of domestic violence. We have extensive first-hand experience dealing with cases involving false accusations. We could aggressively fight for you in this situation to make sure your voice is heard.

Contact a Tustin Domestic Violence Attorney Today

Domestic violence cases are aggressively prosecuted in the area. If you are facing these charges, you should seek the assistance of our highly-regarded team of Tustin domestic violence lawyers. During your free consultation, we could discuss the charges you are facing, explain what your rights are, and determine what steps to take in moving forward. Our legal team has dedicated our careers to defending those faced with criminal charges. We know how domestic cases are prosecuted locally, which helps us build a strong defense strategy, specific to your case. We could help you work toward the best resolution for you and your family.

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