Castro Valley Domestic Violence Lawyer

Castro Valley Domestic Violence Attorney

Domestic violence is a serious criminal charge if convicted. These charges can have long-lasting effects, ruin your reputation and your credibility, and make it difficult to get employment and housing. If you have been accused of domestic violence, hiring a Castro Valley domestic violence lawyer can help you.

What Is Domestic Violence?

Domestic violence refers to any kind of abuse that is experienced in the home from one spouse to another or from a parent to a child. The types of abuse can include physical, financial, emotional, sexual, or psychological. Some acts of abuse may be:

• Hitting, biting, scratching, pushing, or other attacks
• Preventing access to finances
• Threatening
• Name-calling, belittling, or gaslighting
• Stalking
• Forcing sexual acts without consent

Criminal Domestic Violence Charges

The Domestic Violence Prevention Act of California declares that if one family member abuses another family member, it is considered a crime. Any violations of this act may result in criminal charges. Criminal domestic violence charges can result in a misdemeanor where the individual could serve time in prison. Typically, any penalties will depend on the kind of criminal charges and whether or not you have a criminal history.

Felony convictions can result in penalties such as extensive time in prison, hefty fines, making restitution to the abuse victims, and being required to go to counseling. Other penalties that you face may include:

• Paying the victim compensation
• A restraining order
• Payments made to a local women’s shelter
• Mandatory counseling sessions

Probation

These penalties can result in long-term consequences. Some of these collateral consequences you may face if you are charged with domestic violence include:

• Felony or misdemeanor convictions on your record
• Difficulties in obtaining child custody or visitation rights
• Having any professional licenses taken away or suspended
• Trouble finding a job or housing
• Loss of the ability to use firearms
• Becoming ineligible for certain government programs

A criminal defense lawyer can assist you in discussing your legal options for avoiding criminal charges and collateral consequences.

Restraining Orders

Restraining orders are a consequence of domestic abuse allegations. This is a court order that lists the guidelines for the person accused of abuse to follow, including that they must avoid contact or be in the presence of the victim. Restraining orders must be strictly adhered to, or you may face additional criminal charges.

Evidence Taken for a Domestic Violence Case

Many domestic violence cases begin when the police are called to the scene. Once they arrive, they will break up the two individuals involved in the domestic dispute and ask for statements from both.

Once a police officer has arrived on the scene and sees any sign of abuse taking place, they will make an arrest. Sometimes, they will make a hasty arrest without having actual proof of violence taking place because they are erring on the side of caution. If you have been arrested for domestic violence, it is wise to seek legal counsel.

Possible Defenses Against a Domestic Violence Charge

There are several defense strategies that can be used in a domestic violence case with the help of a domestic violence lawyer. The most commonly used is stating that the actions of the accused were done in self-defense. If you have used physical force to keep yourself or someone else protected from danger, then you may have justification for using force.

Another defense strategy is to prove that the person accusing you of domestic charges is not telling the truth. This means that they used false evidence to create a credible story that frames you as the perpetrator. This can be a difficult defense strategy, but with proper evidence, it is effective.

FAQs

How Do I Get a Domestic Violence Case Dismissed in California?

There are several ways to get a domestic violence case dismissed in California. A domestic violence lawyer can help your case to potentially be dismissed by questioning the validity or amount of evidence. There may be insufficient evidence that the contact from one person to the other was done purposefully or that it was the cause of an injury.

If the accused was acting in self-defense, there may be cause for case dismissal. Another strategy is to prove that the accusations against you are false, as the person accusing you may be seeking revenge.

Is Domestic Violence a Felony in California?

Domestic violence can be either a felony or a misdemeanor in California. In most cases, the two are distinguished by the severity of the injuries sustained. For certain forms of physical violence, such as pushing or hair pulling, that is not easily noticeable, you may be charged with a misdemeanor. For more visible injuries, such as broken teeth, split lips, or broken bones, you may be faced with domestic violence with great bodily injury and felony charges.

Can A Restraining Order Be Modified or Lifted in California?

Yes, a restraining order can be modified or lifted in Carolina. You will need the assistance of a lawyer to make any changes. They will walk you through your legal options and then make the changes that you request based on any changes in your circumstances. It will then be sent to the judge for approval.

Can You Be Arrested for Domestic Violence?

Yes, you can be arrested for domestic violence. Typically, if police are called due to a domestic dispute and there is evidence that domestic violence took place within the relationship, one individual will go to jail. If the police suspect any physical violence, they are required by law to make an arrest in accordance with California domestic violence laws.

Consult with A California Domestic Violence Lawyer

If convicted, domestic violence charges can majorly impact your life. You may discover that your reputation and credibility have been tainted and have difficulty in obtaining a job or housing.

Do not attempt to handle domestic violence accusations on your own. Contact the Law Office of Louis J. Goodman for assistance with your situation. We can schedule a consultation, thoroughly investigate your case, and build a robust defense to help you achieve a positive outcome.