Providing Information About Domestic Violence Charges
Domestic violence charges are a serious matter that can threaten not only your rights and freedom but also your reputation. When facing these charges, you may have many questions about your situation and little information to answer them.
At the Law Office of Adrienne Dell, attorney Adrienne Dell can help answer those questions for you. To help you get the information you need, here are some answers to common early questions about domestic violence charges:
What qualifies as domestic violence?
Many different acts qualify as domestic violence, with some not even requiring physical contact against two parties with a shared emotional or blood relationship. Examples of abuse include assault, sexual assault, stalking, threatening, harassing and destruction of property.
What are the consequences of these charges?
Depending on the severity of the situation leading up to your charges, you may be facing misdemeanor or felony charges. Misdemeanor charges can result in being sentenced to probation with up to one year in jail, a 52-week class, community service hours and thousands of dollars in fines. Felony charges can result in more serious consequences, including significant prison time and up to $10,000 in fines.
Can my spouse drop the charges?
Sometimes, a spouse may decide to drop the charges against their partner, but it may be too late to do so. Once law enforcement takes over the case, it is up to the prosecutor to decide whether they want to drop the charges. Your attorney can ensure that the wishes of your partner are heard and considered. With the information your attorney provides, the case may well be dismissed.
Can I get rid of charges on my record?
Any person who has successfully completed probation may have their record expunged or “cleared” as a matter of law. If an individual had issues while on probation, their record can still be cleared but that can involve more work on the part of their attorney. A record can also be cleared if probation was not granted at all. The only time a record cannot be cleared is when a prison term has been imposed. The law is changing on this issue regularly, so it is important to stay in touch with your lawyer.
How can I beat my charges?
By having an experienced attorney at your side, you can work to overcome your domestic violence charges. Attorney Dell will explore all possible options of defense with you, from beating your charges to reducing or dismissing the charges.
To schedule your initial consultation and to meet with a California defense attorney with more than 35 years of criminal defense experience, call the Law Office of Adrienne Dell in San Jose at 408-217-2575 or send an email.
What is a restraining order and how does it affect my domestic violence case?
A restraining order is a court order that stops you from contacting or coming near the person who requested it. Judges often issue these orders in domestic violence cases to protect the alleged victim. When a judge grants a temporary order, it immediately uploads to the California Law Enforcement Telecommunications System (CLETS).
A restraining order can force you to move out of your home, stay away from your workplace if your accuser works there and limit contact with your children. If you violate the order under Penal Code Section 273.6, you face additional criminal charges with mandatory jail time for repeat offenses. Your attorney can challenge the order and work to change its terms or have it removed completely if the evidence does not support it.
How do I fight a false restraining order?
Fighting a false restraining order requires you to act quickly and gather evidence that contradicts the claims made against you. You need to request a hearing where you can tell your side of the story to the judge. Bring text messages, emails, phone records or witness statements that prove the accusations are false or exaggerated. Your attorney can help you prepare testimony that explains your relationship with the accuser and shows why the order is unnecessary.
If you can prove that no threat exists or that the accuser made up the allegations to gain advantage in a custody dispute, the judge may deny or dissolve the order. This matters because once a permanent order enters CLETS, it shows up on background checks and can trigger disciplinary tracking by California licensing boards.
Will domestic violence charges affect my child custody rights?
Domestic violence charges can seriously impact your ability to see your children and keep custody rights. Under California Family Code Section 3044, courts presume that giving custody to someone who committed domestic violence within the previous five years harms the child’s best interest. Judges can limit your visitation rights, require supervised visits or temporarily remove custody until your criminal case ends. A conviction makes these limits more likely to become permanent.
Even if prosecutors drop or reduce your criminal charges, a family court judge can still find that abuse occurred based on a lower standard of proof and deny custody. Your criminal defense attorney should work closely with your family law attorney to protect both your freedom and your relationship with your children.
Will a domestic violence conviction affect my job or professional license?
A domestic violence conviction can threaten your current job and your ability to work in certain professions. Many employers run background checks and may fire employees with domestic violence convictions, especially in healthcare, education or childcare. Professional licensing boards for doctors, nurses, lawyers and teachers often review criminal convictions and can suspend or revoke your license.
Any conviction, even a misdemeanor, results in a lifetime ban on owning or possessing firearms under California and federal law. For people in law enforcement, private security or the military, this firearm ban results in automatic job termination. Immigration problems can also arise if you are not a U.S. citizen, as domestic violence convictions can lead to deportation or denial of citizenship.
What is the difference between misdemeanor and felony domestic violence?
The difference depends on how serious the alleged harm was and your criminal history. Misdemeanor battery under Penal Code Section 243(e)(1) involves harmful or offensive touching that results in no visible injury. These charges can result in up to one year in county jail and a mandatory 52-week batterer’s intervention program.
Felony charges under Penal Code Section 273.5 apply when the alleged victim suffers a traumatic condition like visible cuts, bruises or internal injuries. This charge is a “wobbler” that prosecutors can file as either a misdemeanor or felony. Felony convictions carry state prison sentences of two, three or four years, a minimum of three years supervised probation, loss of gun rights and a permanent felony record. Your attorney can negotiate to reduce felony charges to misdemeanors or get charges dismissed based on the evidence.
To schedule your initial consultation and to meet with a California defense attorney with more than 35 years of criminal defense experience, call the Law Office of Adrienne Dell at 408-217-2575 or send a message through the online contact form.