Domestic Violence Attorney in Orange County

What are the Penalties for Domestic Violence in California?

Domestic violence is a serious crime in California, and those convicted can face severe penalties. The specific penalties will depend on the particular charges and circumstances of the case.

Understanding the specific penalties for your misdemeanor or felony charges is critical. Partnering with a qualified attorney provides the essential knowledge to navigate complex legal challenges and achieve the best possible resolution.

Misdemeanors

For misdemeanor domestic violence charges, penalties may include the following:

• Fines
• Probation
• Up to one year in county jail
• Individuals may be required to attend counseling or a batterer’s intervention program

In many cases, first-time offenders may experience more lenient judgments, which help them to rehabilitate and integrate back into society. However, probationary terms can still bear various conditions that must be stringently followed to avoid further legal complications.

Felonies

If the domestic violence charges are filed as felonies, the penalties can be much more severe. A conviction can result in:

• Imprisonment in state prison for two, three, or four years
• Individuals may be required to register as domestic violence offenders, which can significantly impact their future

In addition to fines and prison time, a conviction for domestic violence can also result in the loss of certain rights, such as the right to own firearms and the right to custody or visitation with children. One of the issues that few individuals consider right away is the impact a criminal record will have on your future. For law enforcement, healthcare professionals, and other professionals, a domestic violence conviction could very well be considered a "career killer."

Moreover, facing felony charges can profoundly hinder opportunities for professional growth, travel, and even volunteering in many sectors. Vigorous defense efforts are necessary in these situations to prevent these repercussions from taking lasting tolls on one's life.

When is Domestic Violence a Felony in California?

In California, domestic violence can be charged as a felony under certain circumstances. Some examples of situations that may result in a felony domestic violence charge include the following:

• If the alleged victim has suffered a significant bodily injury due to the abuse.
• If the defendant has prior convictions for domestic violence or other violent crimes.
• If the defendant used a weapon during the commission of the crime.
• If the defendant has violated a restraining or protective order.

Misconceptions often arise around what predicates a felony charge as opposed to a misdemeanor. It is critical for defendants to receive detailed clarifications which can significantly affect their legal strategies. Scheduling consultations with our team can provide the insights needed to address these differences and fortify the client's position.

Contact Our Orange County Domestic Violence Lawyer Today

It is unfortunate that innocent people are accused of and charged with domestic violence. The accuser can make false allegations out of spite or get the upper hand in divorce or child custody proceedings. In addition, the accused may have acted out of self-defense and may not have been the primary aggressor.

Discussing your situation with an adept lawyer can provide an avenue to clear your name and ensure that the law protects your rights. Our firm can help identify loopholes or errors in the allegations and develop a path forward that aims to achieve the most favorable outcome possible. We understand the gravity of these charges and are here to support you every step of the way.

Contact Alan Castillo - Attorney at Law, today to schedule a FREE consultation with our domestic violence attorney in Orange County!

Frequently Asked Questions

What Should I Do Immediately After Being Accused of Domestic Violence?

If you find yourself accused of domestic violence, it’s crucial to take immediate and deliberate steps to protect your legal rights. Firstly, refrain from contacting the accuser as this could worsen the situation or be perceived as intimidation. Gather all relevant documents and evidence related to the incident, including text messages, emails, or any other communications. Contacting an attorney who is experienced in handling domestic violence cases in Newport Beach is essential. They can offer guidance on your rights, potential defenses, and procedural actions you should consider. Remember, time is critical; the sooner you reach out for legal counsel, the better your chances of building a strong defense.

How Does a Restraining Order Affect Me in Newport Beach?

In Newport Beach, a restraining order can have far-reaching effects on your daily life. A restraining order may limit your ability to contact or be in proximity to the other party involved, which can impact living arrangements, visitation rights, and even professional responsibilities. Failure to adhere to the stipulations of the restraining order could lead to additional legal issues or potential arrests. It’s vital to fully understand the terms of any restraining order and to comply with them strictly. Legal advice can help in negotiating the terms and ensuring that any temporary arrangements are manageable for the duration of the order.

Can I Get a Domestic Violence Charge Expunged in California?

In California, under certain circumstances, it is possible to have domestic violence charges expunged from your record. Expungement can offer much-needed relief by clearing convictions from public record, thus removing a significant barrier to employment and housing opportunities. To be eligible, the individual typically must have completed probation successfully and must not be facing any new charges. An attorney can assess your specific case, advise on eligibility, and assist in filing the necessary paperwork to pursue expungement within the Newport Beach court system.