At the Law Office of Scott D. Henry, our defense attorneys aggressively protect the rights and freedom of those accused of domestic abuse. Our 40 years of combined domestic violence defense experience has shown us there are two considerably different sides to these cases. We are dedicated to ensuring your side is heard and we could fight to obtain a fair and positive resolution for you and your family. If you have been accused of household abuse, contact our Westminster domestic violence lawyers today.

How is Domestic Abuse Defined?

Due to its violent nature, domestic abuse is taken very seriously by local law enforcement. California Penal Code 273.5 PC defines domestic violence as abuse or the threat of abuse by a person who is in a personal relationship with the victim. Household abuse takes many forms, including domestic assault, domestic battery, stalking, kidnapping, elder abuse, false imprisonment, and sexual abuse. One of our experienced attorneys in Westminster could prepare an alleged offender for the legal process following a domestic violence charge.

Stalking

California Penal Code 646.9 PC defines stalking as “willfully, maliciously, and repeatedly” following or harassing another person, causing them to feel fear or danger. Stalking can be charged as a misdemeanor or felony in this state. Misdemeanor stalking convictions carry up to one year in jail, probation, substantial fines, and restitution. Felony stalking convictions carry two to four years in state prison, felony probation, substantial fines, and restitution. Because these charges sometimes stem from false allegations by an alleged victim, it is essential to have a skilled attorney with extensive experience disproving and dismantling the alleged victim’s statement and testimony.

Restraining Orders in Domestic Violence Cases

Restraining or protective orders often result from an accusation of domestic violence. In California, there are three types of restraining orders. An emergency restraining order (ERO) is issued when law enforcement believes someone is in imminent danger. A temporary restraining order (TRO) is valid for two to three weeks but can be extended if the court finds it is warranted. A permanent restraining order (PRO) is only issued after a court hearing takes place and is valid for up to three years. A Westminster lawyer could advise someone if they have been served a restraining order in a domestic abuse case.

Penalties for Domestic Violence Convictions

Domestic violence is a “wobbler,” which means it can be charged as a misdemeanor or felony in California. Penalties for a misdemeanor conviction include up to one year in jail and substantial fines. A felony conviction carries penalties of up to four years in state prison and substantial fines. Additional penalties may include a 26-week anger management course, restraining order, the loss of child custody, loss of your right to own or possess a firearm, and loss of professional licensing. An attorney in Westminster could help a defendant avoid or minimize the potential penalties associated with their domestic violence charges.

Defenses for Household Abuse

Charges involving household abuse are very serious. Fortunately, several effective defense strategies may be used to defend you against these charges. Some of these strategies include but are not limited to:

  • You acted in self-defense or the defense of others.
  • You were falsely accused out of revenge, anger, or jealousy.
  • You were falsely accused due to child custody issues.
  • The incident was an accident.
  • There is insufficient or untrustworthy evidence
  • The alleged injuries did not result from your actions.

How an Experienced Westminster Domestic Violence Attorney Can Help

Our skilled litigators at The Law Office of Scott D. Henry know precisely how domestic abuse cases are handled locally. We understand the stakes are high when facing these charges, so we advocate aggressively on your behalf to have your charges dismissed or reduced.

If you have been charged with household violence, contact our office today for a free consultation. One of our experienced Westminster domestic violence lawyers could explain the charges against you, advise you of your rights, determine an effective course of action, perform a thorough investigation into the alleged incident, negotiate skillfully on your behalf, and fight tirelessly to obtain a positive resolution for you and your family.

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