California domestic violence laws are among the most comprehensive and harshest in the country. Apart from physical violence, these laws also cover a wide range of non-physical forms of domestic violence and abuse – ranging from stalking to coercive control. Here are four key facts you should know about California domestic violence laws.

Penalties for Domestic Violence in California

Domestic violence is generally considered a misdemeanor offense in California. The penalties can range from fines (up to $2,000) to jail time (up to one year). However, the charge can be upgraded to a felony under certain circumstances. These include:

• If you inflicted bodily injuries on your partner.
• If you used a deadly weapon to threaten or to injure your partner.
• If you have been convicted of domestic violence or any other violent crime before.
• If you violated a restraining order in order to commit the offense in question.
• If you unlawfully detained your partner against their will using force, deceit, or by threatening with a deadly weapon.

The penalties for a felony domestic violence conviction include fines (up to $10,000) and prison time (up to five years). Depending on the severity of the injuries, you might also be required to pay restitution to the victim – in addition to a fine.

Consequences of a Domestic Violence Conviction in California

The collateral consequences of a domestic violence conviction – especially a felony conviction – in California include:

• Loss of employment opportunities
• Loss of custody and visitation rights
• Loss of gun rights
• Denial, suspension, or revocation of professional or business licenses
• Loss of right to serve in the US military

Possibility of Receiving Probation Under California Domestic Violence Laws

In some cases, depending on the gravity of the offense committed, the judge might be willing to sentence you to probation instead of jail time. For instance, if it is your very first offense, if the victim did not suffer any injuries, and if there was no deadly weapon involved, you might be sentenced to probation.

However, if you violate the terms of your probation, the judge has the authority to revoke your probation and sentence you to jail.

Possible Defenses to Domestic Violence Charges in California

The most common defenses to domestic violence charges include:

• The accusations are fabricated.
• You acted in self-defense.
• There is insufficient evidence to establish your guilt beyond a reasonable doubt.
• The evidence against you is inadmissible as it was obtained unlawfully.

Facing Domestic Violence Charges in Orange County? Let Us Be Your Paladin!

If you are facing domestic violence charges, you cannot afford to take any chances with your legal representation. At Paladin Legal Defenders, we have highly skilled criminal defense lawyers who have an in-depth understanding of California domestic violence laws and have over 60 years of combined experience in representing individuals accused of misdemeanor as well as felony offenses.  We are in the Orange County Superior Courts on a daily basis.

We can mount a robust and effective defense, fight aggressively, and get results that most of our peers cannot. The sooner you contact us, the better are your chances of protecting your rights and freedom. So, do not waste any time and call us today at 714-536-9988 or contact us online and schedule a free consultation with an experienced California domestic violence attorney from our firm.

Domestic violence charges – due to their very nature – can be difficult to prosecute and difficult to defend against as well. It is particularly true in cases where there is no physical violence involved. What makes domestic violence more complicated than other kinds of criminal charges? Let us take a look.

The Complexities Involved in Domestic Violence Cases

Relationship Between the Accuser and the Accused

The intimate nature of the relationship between the alleged victim and the defendant can make it more difficult for the prosecution to gather the evidence they need to obtain a conviction. There have been many cases where the alleged victims accused their partners of domestic violence and abuse in a fit of rage, only to recant their statements later. With an uncooperative accuser, the prosecution may find it more difficult to prove the domestic violence charges against the defendant beyond a reasonable doubt.  That being said, it is still possible to get a conviction on domestic violence charges, depending on what other evidence was obtained.

Lack of Eyewitnesses

Moreover, a vast majority of domestic violence incidents tend to take place behind closed doors. Since there are no witnesses, it often comes down to the accuser’s word against the defendant’s word. In such a scenario, the prosecution has to rely on physical evidence like photographs and medical reports to establish the defendant’s guilt.

Non-Physical Forms of Domestic Violence

If there is no physical violence involved, things can get even more complicated, as non-physical forms of domestic violence – like coercive control – can be extremely difficult to prove. In any intimate relationship, couples tend to exhibit a certain degree of control and possessiveness over each other. At times, it can be difficult to draw a line between intense romantic love and coercion.

For instance, if a husband asks his wife to not contact or meet with a close friend of hers, the wife might claim that her husband is exercising coercive control over her. However, if the friend in question happens to be a person of questionable character with a criminal record, the husband might claim that he was only looking out for his wife and had nothing but her best interests in mind.

Unlawfully Obtained Evidence

In some cases, overenthusiastic police officers tend to bend or break rules in order to get the evidence they need. In such cases, the defense attorney’s job becomes a lot easier, as all they need to do is to file a motion in court and request the judge to exclude or dismiss the illegally obtained evidence. Once it is done, the prosecution might no longer be able to prove the domestic violence charges against the defendant.

Facing Domestic Violence Accusations? Our Criminal Defense Lawyers Can Help You!

The criminal defense lawyers at Paladin Legal Defenders have over 60 years of combined experience in defending people accused of domestic violence – as well as a number of other criminal charges.  Our attorneys are in the Orange County Superior Courts on a daily basis and have familiarity with the processes and procedures of these Courts, as well as the Judges, and prosecutors.

Our team includes a former prosecutor, who has firsthand knowledge of the challenges faced by the prosecution in such cases. As a result, we can devise the right strategies to mount a vigorous defense.

When you choose Paladin Legal Defenders, you can be sure that you are represented by the best criminal defense lawyer who is committed to defending your rights and interests vigorously.

To discuss your case and find out what your options are, call us today at 714-536-9988 or contact us online and schedule a free consultation with an experienced California criminal defense lawyer from our firm.

In a domestic violence case, the prosecution is required to establish your guilt beyond a reasonable doubt – just like they do in any other criminal case. What this means is that you are not required to prove that you did not injure your partner. It is up to the prosecution to prove that you injured them and are guilty of domestic violence.

Burden of Proof in a Domestic Violence Case

In order to establish your guilt, the prosecution might gather a wide range of evidence, which could include:

• Medical reports confirming the nature and extent of injuries suffered by your partner
• Your partner’s statement
• Photographs taken at the scene of the incident
• Testimonies from witnesses
• Testimonies from police officers who responded to the domestic violence call
• Text messages and emails exchanged between you and your partner that might indicate coercive control or other forms of non-physical abuse on your part

Accidents and Acts of Self-Defense

It should be noted that you cannot be convicted merely based on the fact that your partner was injured during the alleged incident. For instance, if your partner tried to throw something at you during a heated argument, lost their balance, fell down, and got injured, you cannot be held responsible for their injuries, as it was merely an accident.

Similarly, if your partner tried to attack you during the alleged incident, and you defended yourself, you cannot be held responsible for their injuries. You have a right to defend yourself.

Eyewitness Accounts Can Be Questioned

Statements or testimonies from witnesses in a domestic violence case can be subjected to intense scrutiny as well. For instance, if a witness told the police officer that they saw you hitting your partner, and then changed their statement and said that you were yelling at your partner, the veracity of their statement can be questioned by your domestic violence defense attorney.

Evidence Must Be Legally Obtained

The prosecution also has standards to meet in terms of how they obtain the evidence against you. If the evidence was obtained in violation of state or federal laws, your domestic violence defense attorney can request the court to dismiss it.

Reliability of the Accuser’s Claims

In some cases, your attorney might be able to question the veracity of your partner’s statement itself. For instance, if your partner was drunk, under the influence of drugs, or heavily medicated at the time of the alleged incident, they might not be able to recollect the incident later. Your attorney can point to the glaring inconsistencies in their statements to the police and question the reliability and credibility of their testimony.

Choose the Right Domestic Violence Defense Attorney to Fight For You

At Paladin Legal Defenders, we are committed to defending the rights and interests of individuals facing domestic violence charges in Orange County, California. We can investigate your case, scrutinize the evidence against you, and mount a robust defense against the charges you are facing.

Thanks to a first-rate legal team that includes a former police officer and a former prosecutor, we can stay a step ahead of the prosecution, attack their case at its weakest points, and achieve the best possible outcome through negotiation or trial.

To discuss your case with us, call us today at 714-536-9988 or contact us online and schedule a free consultation with a seasoned California domestic violence defense attorney from our firm.

If you have been accused of domestic violence by your partner, you might be worried about your future. It is understandable, as a conviction can result in jail time,  negatively affect your reputation, have an adverse impact on your career and affect your custody/visitation if you have children.

At the same time, you should remember that a domestic violence accusation might not necessarily result in a conviction. With the help of an accomplished California domestic violence attorney, you can protect your rights and interests and defend yourself against the accusations made by your partner.

Let us focus on three common defenses that could be used to protect against domestic violence accusations in Orange County, California.

False Accusation

Recently, a poll showed that 8% of Americans reported being falsely accused of domestic violence and abuse allegations. In order to defend you against false allegations of domestic violence, your attorney will try to find inconsistencies in your partner’s statements to the police. If there are glaring inconsistencies, your attorney might highlight them to the prosecutor and question the veracity of the domestic violence accusation against you.

Similarly, if the medical reports contradict your partner’s statement on how they sustained the injuries, your attorney might use it to convince the prosecution that you are being falsely accused by your partner and get them to drop the charges.

Self-Defense

If you injured your partner while defending yourself or while defending your children, your attorney can make the argument that you acted in self-defense. For instance, if your partner tried to harm your children and you had to physically intervene in order to protect them, your attorney can argue that you were justified in using force, as you did so for the sake of your children.

In order to make this argument stick, your attorney needs to provide evidence, which might include:

• Medical reports confirming defensive injuries suffered by yourself and/or your children.
• Admission by your partner that they did use violence against you and/or your children.
• Statements from your children (if they are mature enough).
• Personal belongings and other items damaged by your partner during the incident.

Illegally Obtained Evidence

If the prosecution’s evidence against you was obtained through unlawful means, your attorney can file a motion and request the court to suppress the evidence in question. In the absence of proper evidence, your case will most likely be dismissed by the court.

Facing Domestic Violence Accusation? Our Experienced California Criminal Defense Attorneys Can Help You!

At Paladin Legal Defenders, we have a team of highly-rated criminal defense attorneys who have decades of experience in handling domestic violence cases. With a legal team that includes a former prosecutor and a former police officer, we have the advantage of knowing how the prosecution works in these cases, which allows us to devise the right strategies to defend you.

Regardless of the gravity of charges against you, we will fight hard to achieve the best possible outcome – whether it is a favorable plea deal, reduction of charges, or a complete dismissal of the case. To find out how we can help you, call us today at 714-536-9988 or contact us online and schedule a free and confidential consultation.

Disagreements and conflicts are unavoidable in a relationship. However, if escalated beyond a certain level, conflicts can lead to domestic violence accusations. If and when it happens, you need to act fast and take steps to defend yourself. Given below are four tips from an experienced California domestic violence lawyer on how you can prepare for a domestic violence case.

Get a Trusted Lawyer on Your Side

If you are facing charges of domestic violence in California, getting legal help should be your topmost priority. Even if you think that the charges against you are trivial, you still need a lawyer as it is never a good idea to try to defend yourself. Moreover, even a misdemeanor conviction can have lifelong consequences in California. It is vitally important for you to hire an experienced California domestic violence lawyer as soon as you can so you have the best chance to fight the charges and get the optimal outcome.

Make Notes and Gather Evidence

Write down everything you can remember about the incident and events leading up to the incident. If you have injuries of your own (which were caused by your partner), make a note of all the injuries and take photos. If your partner damaged any of your personal belongings during the incident, make sure you take photos of them as well. Find out if anyone witnessed the incident and get their contact information.

At the same time, do not try to conceal or destroy any piece of evidence that you think might incriminate you. Destroying evidence can result in additional charges, as well as strengthen the domestic violence case against you.  This will make it harder for your lawyer to defend you.

Comply with the Protective Order

If a protective order has been issued against you, make sure you comply with all the conditions imposed by the court. Even a technical violation – where there is no criminal intent on your part – can result in a misdemeanor charge. If the violation involves physical violence, you could be charged with a felony. Go over the terms of the order carefully with your California domestic violence lawyer and make sure you know what you are allowed to do and what you are not allowed to do.

Do Not Get Into Trouble

The last thing you want to do while facing a criminal charge is to be charged with another crime. Even if the charges are not serious, the very fact that you broke the law can be used by the prosecution to portray you as a reckless person with poor impulse control. Keep a low profile and do not get into any kind of trouble, especially while your case is being resolved.

Looking for a California Domestic Violence Lawyer You Can Rely On?

When you are facing domestic violence charges, you need a lawyer who can protect your rights, defend you aggressively, and go the extra mile to achieve the best outcome possible. At Paladin Legal Defenders, we have a team of criminal defense lawyers who have over 60 years of combined experience and are rated highly by their peers as well as their clients. Whether you are facing misdemeanor or felony domestic violence charges, we can devise the right strategy to defend you.

To discuss your case and find out what your options are, call us today at 714-536-9988 or contact us online and schedule a free consultation with a seasoned Orange County California domestic violence lawyer, from our firm.