The impact of a domestic or intimate partner violence conviction can have a ripple effect and unanticipated consequences. Beyond the potential for time behind bars, mandatory treatment programs, and enormous fines, those convicted of certain domestic violence offenses can face a future of challenges. Denied job opportunities, immigration hurdles, restriction of firearm ownership, and loss or limitation of child custody are just a few of the penalties awaiting many of those convicted of domestic violence. For these reasons and more, it is essential to have a qualified lawyer on your side if you are accused of domestic violence. The Law Office of Amy R. Schroder can provide you guidance and advocacy in your time of need.
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While many people think the term “domestic violence” only applies to cases of violence between romantic partners, this is not always the case. A person can also be charged with domestic violence if they are accused of abusing their children (or their partner’s children), other family members, roommates, or any person they have been romantically linked to in the past.
Additionally, physical violence does not actually have to occur in order for domestic violence charges to apply. Even a threat of violence can result in domestic violence charges in some instances. This can also include stalking someone or harassing them.
To speak with a lawyer about your case, call (805) 516-0788 or contact us online.
California’s Mandatory Arrest Law
In California, if an officer has probable cause to believe that domestic violence has occurred than they are required to make an arrest. Even if the victim does not want to press charges, the police are still required to make an arrest.
When you are facing a domestic violence conviction, the help of an experienced attorney who can craft an effective defense strategy is crucial. The way that we approach your case will depend on the details of your own unique circumstances and the evidence available.
What are the Penalties for Domestic Violence Charges?
As previously stated, a domestic violence conviction can impact every area of a person’s life. The criminal consequences of this crime are serious and can involve a variety of different types of penalties.
The penalties for domestic violence vary by state and on a case-by-case basis. The severity of the accusations will have an effect on sentencing, as well as if a person has been accused or convicted of domestic violence in the past.
A person who is found guilty of domestic violence could go to prison. Fines of several thousand dollars may be ordered as well; it is not uncommon for convicted offenders to make payments to victim’s shelters in addition to general legal fines. Additional penalties may include community service or an order to participate in a class.
Accused domestic violence offenders can also be served with restraining orders. Under a restraining order, the accused may be unable to communicate with certain people or visit certain locations.
Defenses Against Domestic Violence Charges
There are some common defense strategies against domestic violence charges that can be used to form the base of your argument.
In most cases, the goal of domestic violence defense is to present the accusations as false. Outright false accusations may arise out of jealousy or spite, such as to get the upper hand in a custody or family law case, or because one partner broke up with the other. The claims could have also come about due to a simple misunderstanding.
In other cases, a lawyer may try to prove that while the acts did occur, intentional violence was not intended — an argument of self-defense is a common strategy in these instances.
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We are available to answer your questions and get started on your case. We will provide guidance at every step of the legal process and ensure your rights are protected.
Send us a message or call (805) 516-0788 to discuss your case.
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