Paladin Legal Defenders: Experienced Domestic Violence Attorneys in Huntington Beach, Orange County
Tragically, domestic abuse and intimate partner violence are all too common. But not all domestic violence charges are based on reality. In some unfortunate cases, domestic violence accusations are used to gain the upper hand in divorce or custody proceedings or to exact revenge on a friend or family member. At Paladin Legal Defenders, we fight to protect our clients from the devastating consequences of domestic violence charges. If you or a loved one is currently facing domestic violence allegations, do not hesitate to give us a call at 1-714-536-9988, or to reach out to our law firm for a free consultation.
Why Are Domestic Violence Accusations So Serious?
In California, domestic violence accusations are very serious. Once a person accuses another person of domestic violence and the District Attorney files an official complaint, the accuser cannot drop the charges. Domestic violence allegations force both parties to participate fully in the legal system, despite the devastation it can have.
If you’re charged with domestic violence, the consequences can be broad and far reaching. Initially, you may be forced to move from your home if you share a residence with the accuser. If you have children with the accuser, it’s possible that you can lose custody and/or visitation with your children, and Child Protective Services may get involved. A few of the additional possible consequences of a conviction for domestic violence charges are:
- Prior to conviction, at the arraignment, the Court will issue some type of Protective Order against you. You will be required to immediately surrender any firearms or ammunition you own or possess, either to law enforcement or a licensed gun dealer.
- You will be placed on either formal (felony) or informal (misdemeanor) probation.
- You will be required to complete 52 weeks of a Batterer’s Treatment Program that may include drug and alcohol treatment.
- You may have to cooperate with Social Services if children were present during domestic violence, including possible separation from seeing your children.
- You will be prohibited from owning or possessing firearms and ammunition in California for at least 10 years in a misdemeanor case or for life in a felony case. Under Federal law, you are banned for life from owning or possessing firearms and ammunition.
- You may be ineligible for certain types of employment, including especially employment by the Federal government, and you may be fired from your current job.
- You may lose or be suspended from any professional licenses you may hold.
In addition to the above consequences you’ll have to deal with having a criminal record, which can seriously hurt your career prospects and ability to earn a good living. It’s crucial that if you’re charged with domestic violence that you get assistance from an experienced criminal defense attorney as soon as possible.
What Are the Different Domestic Violence Charges in California?
Many different types of domestic violence charges can be filed against an abusive partner. These charges can either be felony or misdemeanor charges. Under California state law, domestic violence charges are referred to as “wobblers,” meaning that the circumstances surrounding the charge will determine if the charge is considered a felony or a misdemeanor crime. If you’re convicted of a felony, you will lose your 2nd Amendment rights for life, possibly serve time in prison, and permanently damage your criminal record.
Domestic violence charges in California may fall under one or more of the following categories:
- Spousal Abuse
- Child Abuse
- False Imprisonment
- Financial Abuse
- Social Abuse
- Criminal Threats
- Sexual Abuse
- Stalking
- Harassment
- Assault and Battery
- Violation of a Criminal Protective Order
If the accuser is injured as a result of alleged physical abuse, or if the defendant has a criminal record, then the domestic violence charge will most likely be considered a felony.
A Criminal Defense Attorney Can Help You Fight a Domestic Violence Charge
In intimate relationships, intense emotions and arguments can, unfortunately, lead to false allegations surrounding domestic abuse and threats of violence. In extreme cases, the abusive partner may make false claims of abuse against the victim as a form of punishment or to gain the upper hand in a custody and divorce case.
An experienced defense attorney can work to identify inconsistencies in the accuser’s statements and gather witnesses to corroborate the defendant’s story. There may be defenses such as self-defense, or defense of others. Although domestic violence charges are incredibly serious, it is even sometimes possible to have them dismissed. No two cases are alike and many factors come into play when resolving domestic violence cases. Domestic violence charges are very serious allegations with far-reaching consequences. With an experienced attorney at your side, you will likely be able to obtain a more favorable outcome to your case, whether it is a trial or a negotiated plea agreement. We strive to attain the result that is best for our clients, whatever that may be. If you or a loved one are currently facing domestic abuse allegations, we want to hear from you. You can and should have a dedicated and experienced Orange County domestic violence attorney by your side. Contact our experienced criminal defense attorneys today at 1-714-536-9988 for your free consultation. All consultations are confidential.
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