Orange County Domestic Violence Lawyer
What constitutes domestic violence?
Domestic violence is a crime that is defined by law as violence or physical
abuse directed toward a spouse or domestic partner and is typically committed
by men against women. The definition of domestic violence will vary depending
on the context in which the term is used and may describe sexual abuse,
physical abuse, or even psychological abuse.
One of the things that you must keep in mind regarding domestic violence
is that false accusations take place all the time. Jealousy, bitterness,
and revenge can easily lead to false accusations of domestic violence
or domestic abuse. If you have been accused, contact the Law Offices of
Jacqueline Goodman as soon as possible. When you involve a
criminal defense lawyer from the beginning of your case, you will have the best chance of refuting
the charges brought against you.
California Domestic Violence Laws
California law makes it illegal to use physical force against an intimate
partner, and some of the most common domestic violence crimes include
Corporal Injury to a Spouse or Cohabitant: According to Penal Code 273.5, it is illegal to inflict a "corporal
injury" resulting in a "traumatic condition". This includes
striking an intimate partner in a violent way that brings about a visible
injury, even a slight bruise or swelling.
Domestic Battery: Penal Code 243(e)(1) says that it is a misdemeanor crime to inflict violence
or force on an intimate partner. The term "intimate partner"
includes your fiancé, dating partner, cohabitant, or the parent
of your child. This crime does not require visible injury.
Child Abuse: California Penal Code 273d makes it a crime to commit child abuse, which
includes any act of inflicting "corporal punishment or injury"
that is "cruel or inhuman" and causes an injury of any kind.
Elder Abuse: It is a crime to inflict physical or emotional abuse, neglect, endangerment
or financial fraud on a victim who is 65 years of age or older under Penal
Code 368. Elder abuse charges are usually filed against caregivers.
Child Endangerment: According to Penal Code 273a, it is a crime to willfully allow a child
in your care or custody to suffer harm or be placed in a situation that
endangers his/her health. For example, a mother who allows her boyfriend
to abuse her young child can be charged with child endangerment.
Criminal Threats: Penal Code 422 states that it is a crime to communicate a threat of serious
harm to someone if you intend to put the person in fear and if you actually
do put that person in sustained fear. Criminal threats and charges relating
to them may be charged as either a felony or misdemeanor depending upon
Domestic Violence Penalties
The penalties for domestic violence charges will vary depending on the
seriousness of the injury and the defendant's criminal record. Many
counties in California impose the following:
- Minimum jail sentence of 30 days for first-time offenders
- For a majority of offenders, mandatory attendance at a 52-week domestic
Fighting Your Domestic Violence Charges in CA
At the Law Offices of Jacqueline Goodman, our reputation for success in
domestic violence cases is well-known throughout the local legal community.
In fact, many of our domestic violence cases come to us from referrals
from fellow criminal defense attorneys. Our
reputation for winning trials means that we can obtain better plea bargains and more dismissals for
our clients. Hiring the right lawyer can increase your chances of avoiding
a criminal conviction or jail sentence.
Work with an Attorney Who Understands
working with a female defense attorney brings a unique perspective to the
representation on a domestic violence case. We are never quick to seek a plea bargain if the best interests of our
clients would be served by litigation. These cases in particular present
certain problems for the prosecution, which an Orange County criminal
defense lawyer from our team can use to your benefit. At our firm, we
prepare and develop defense strategies designed to take the facts of the
case into account, as well as to counteract any evidence against you.
It is important to note that some domestic violence charges are unfairly
used for leverage in an impending or ongoing divorce or child custody dispute.
In many domestic violence cases, the accuser has a change of heart and
may want to recant his or her initial statement to the police. However,
those alleging domestic violence have little, if any, control over getting
the charges dropped because the case is in the hands of the prosecutor.
In these situations, we can work toward having the criminal charges dismissed
and any restraining orders against our clients lifted.
Contact us today for experienced legal representation to help you avoid the serious
consequences that you face.