Orange County Domestic Violence Attorney
Domestic violence is a serious matter in California and is addressed through a number of statutes that prohibit acts such as assault, battery, abuse, stalking, or threatening behavior towards a family member, domestic partner, cohabitant, ex-spouse, or fiancé. If you are arrested on a charge related to domestic violence, it is important to understand that the allegations are significant and could result in jail or prison time.
Typically, a domestic violence charge is initiated following a 911 call in which the victim reports being physically assaulted by a close relation or someone they are or were involved with. Law enforcement officers often take photographs of the alleged victim’s body or injuries to document any signs of abuse. This information, along with witness statements, the arresting officer’s report, and records of the 911 call are forwarded to a special unit of the prosecutor’s office that deals with domestic violence cases.
It is a common misconception that domestic violence is limited to physical abuse. In reality, there are numerous ways in which domestic violence can manifest within a marriage. Any actions that involve emotional or psychological abuse, such as manipulation, threats, or controlling behavior, are also considered forms of domestic violence under the law. This includes stalking, harassment, making threats of violence or physical harm, making threats against family members or children, or any other behavior that causes fear or intimidation in a spouse.
Abusers may use these tactics to maintain control over their partners and keep them trapped within the relationship. If you are experiencing any type of manipulation, threats, or intimidation, it is important to seek the guidance of an attorney who can help you determine if a restraining order is necessary to protect yourself.
It is worth noting that the broad definition of domestic violence under California law means that restraining orders may sometimes be requested for the wrong reasons. Our law firm can also provide assistance in protecting you against false claims of abuse, which can negatively impact child custody, spousal support, or even employment.
Penalties If You Are Convicted For Domestic Violence
In recent years, California has implemented stricter laws and penalties for those convicted of domestic violence. The severity of injuries sustained by the victim is a crucial factor considered by prosecutors and courts when determining charges and punishments for the defendant. Domestic violence charges can be categorized as either a felony or misdemeanor offense, with felony charges counting as a “strike” under California’s Three Strikes Law. If convicted, the victim may obtain a court order of protection against the defendant and pursue a civil lawsuit to recover damages for their injuries.
There are several collateral consequences of a domestic violence conviction. The defendant may be required to attend a 52-week batterer’s class and could potentially lose their job if their employer becomes aware of the arrest, charge, or conviction. Employers are often hesitant to hire or keep individuals who are seen as unable to control their temper.
California Domestic Violence Defenses
It is important to understand that domestic violence charges can arise from a variety of situations and circumstances. Unfortunately, false accusations of domestic violence are not uncommon, particularly in emotionally charged relationships. It is not uncommon for one person in a relationship to accuse the other of physical violence or assault when emotions run high. In some cases, these accusations may not be based in fact, but rather are a result of anger or frustration. If you have been falsely accused of domestic violence, it is important to seek the help of a skilled Orange County Criminal Defense attorney who can help protect your rights and build a strong defense on your behalf.
Orange County Domestic Violence Attorney Can Help You
Tabibnia Law Firm provides legal representation for individuals facing domestic violence charges in the local area. The experienced criminal defense attorney is dedicated to helping clients achieve the best possible outcome in their case, whether it be dismissal of charges or reduction of penalties. The firm emphasizes fairness in the legal process and strives to ensure that each client receives the best defense possible. If you are facing charges of domestic violence in Orange County, contact the Cyrus Tabibnia to schedule a consultation.
