Newport Beach Domestic Violence Attorneys

How Much Time Do You Get For Domestic Violence in California?

California law treats domestic violence uniquely because it involves family members. The crime is treated as specialized assault and can be charged as a misdemeanor or a felony. Though less serious than felonies, misdemeanors are punishable by up to one year in jail. When domestic violence is charged as assault, longer prison sentences are a possibility.

General California domestic violence penalties include:

• As much as $6,000 in fines
• One year in county jail
• Up to 4 years in state prison
• Restraining orders
• Loss of child custody
• Punitive damages
• 52-week rehabilitation class

Worst of all, a California domestic violence conviction goes on one’s permanent criminal record and will surface anytime they’re subject to a routine background check. This can make it difficult to gain employment, housing, professional licensing, and other benefits. It is imperative to hire an experienced and aggressive Orange County Criminal Defense Attorney from Corrigan Welbourn Stokke to protect your future.

Contact us today at (949) 251-0330 to speak with an experienced Newport Beach domestic violence attorney and protect your future.

What Are the Long-Term Consequences of a Domestic Violence Conviction

A domestic violence conviction can lead to severe, long-lasting effects on multiple aspects of life, extending far beyond initial fines or jail time. Individuals convicted of domestic violence may face a permanent criminal record, which can significantly impact employment opportunities. Many employers conduct background checks, and a conviction related to violence can deter potential employers, especially in fields involving vulnerable populations or security-sensitive positions.

Additionally, a domestic violence conviction can affect an individual’s ability to secure housing. Landlords often review criminal histories, and a violent offense may disqualify someone from renting in certain communities, limiting housing options and creating further obstacles to stable living arrangements.

Beyond employment and housing, a domestic violence conviction can have a profound impact on family dynamics. Custody arrangements may be modified, with courts frequently favoring the safety and well-being of children. In California, a domestic violence conviction can lead to restrictions on custody or visitation rights, which could affect the individual’s relationship with their children and family. Furthermore, California law restricts firearm possession for those convicted of domestic violence, impacting Second Amendment rights.

Finally, a domestic violence conviction can carry social stigma, affecting personal relationships and community standing. These consequences highlight the importance of seeking qualified legal representation to address the charges thoroughly, as the repercussions of a conviction can impact nearly every area of life.

Domestic Violence Defenses

When facing domestic violence charges, there are several common legal defenses that can be used to challenge the accusations:

• Self-Defense: If the accused was trying to protect themselves from harm, they may argue that they acted in self-defense. In California, the law allows individuals to use reasonable force to protect themselves from imminent danger.

• False Accusations: In some cases, individuals are falsely accused of domestic violence, often during divorce or custody battles. It’s crucial to gather evidence showing that the accusations are not truthful.

• Lack of Evidence: A domestic violence case must be supported by clear evidence. If there is no physical evidence of the alleged incident, such as injuries, or no credible witnesses, the defense may argue that the charges cannot be proven beyond a reasonable doubt.

• Misunderstanding: Sometimes, a situation is misinterpreted or blown out of proportion. What was once a minor argument could be falsely seen as domestic violence due to misunderstanding or exaggeration.

Domestic Violence Protective Orders (Restraining Orders)

Restraining orders are legal tools used to protect individuals from domestic violence. In California, there are several types:

• Emergency Protective Orders (EPO): These are temporary orders issued by law enforcement after an incident of domestic violence. They last up to 7 days and are meant to provide immediate protection.

• Temporary Restraining Orders (TRO): These orders are granted by the court and can last up to 21 days. A hearing will then take place to determine whether a permanent restraining order is needed.

• Permanent Restraining Orders: If the court finds that domestic violence occurred, a permanent restraining order can be issued. These orders can last up to 5 years and may include provisions like no-contact orders and removal from the home.

• Impact on the Accused: Violating a restraining order can lead to criminal charges and further penalties, including jail time.
• Impact on the Victim: A restraining order offers the victim legal protection, but it can also have an emotional toll, as it can indicate ongoing fear or danger in the relationship.

Impact of Domestic Violence on Children

Domestic violence can severely affect children, even if they are not directly involved. Some of the impacts include:

• Emotional and Psychological Damage: Children who witness domestic violence may develop anxiety, depression, and behavioral issues. They might feel unsafe or confused, especially if the violence involves a parent or caregiver.

• Disrupted Family Environment: Domestic violence creates an unstable home, which can affect a child's development and well-being.

• Custody Battles: In family court, judges prioritize the safety and well-being of children. If domestic violence is proven or suspected, the court may alter custody arrangements, granting sole custody to the non-abusive parent or imposing supervised visitation for the accused.

Understanding the effects of domestic violence on children is crucial for both parents and the court, as it directly impacts decisions regarding child custody and visitation.

Corrigan Welbourn Stokke, APLC Domestic Violence Legal Counsel

Most district attorney offices in Orange County, California have special units that are dedicated to prosecuting charges and allegations of domestic violence. When convicted of domestic violence, a person will usually face incarceration. After they serve their time, the convicted often suffer from a damaged reputation in their community. If you are facing any domestic violence charges, call Corrigan Welbourn Stokke, APLC to represent you.

Many times, innocent individuals are wrongly accused of domestic violence. Throughout Orange County, an accuser will make a false allegation of domestic violence out of spite. Often, the accuser will allege domestic violence to gain an in-court advantage for divorce or child custody proceedings. Other times, simple accidents are misconstrued as domestic violence situations. The domestic violence attorneys at Corrigan Welbourn Stock know that you deserve the benefit of the doubt, and we will ensure your story is heard.

FAQ - Domestic Violence in California

• Can domestic violence charges be dropped in California?
  Yes, domestic violence charges can sometimes be dropped, but only if the prosecutor decides not to pursue the case. Even if the victim wants the charges dropped, the prosecutor may still proceed with the case if they believe there is enough evidence to convict.

• What happens if the victim recants their statement in a domestic violence case?
  While a victim may recant their statement or refuse to testify, it doesn't automatically mean the case will be dropped. Law enforcement and prosecutors can still move forward with the case if they have sufficient evidence, such as medical records, witness testimony, or physical evidence.

• Can I carry a firearm if I am convicted of domestic violence in California?
  No. California law prohibits individuals convicted of domestic violence from possessing firearms. This restriction applies to all domestic violence convictions, including misdemeanor charges, and is part of the state's strict stance on gun control.

• How long does a domestic violence conviction stay on my record?
  A domestic violence conviction remains on your criminal record permanently unless you successfully petition to have it expunged. Expungement may be possible under certain conditions, such as completing probation or rehabilitation programs, but it’s not guaranteed.

• What is the difference between domestic violence and domestic battery in California?
  In California, domestic violence refers to abuse or threats of abuse between intimate partners, family members, or cohabitants. Domestic battery, however, specifically refers to the unlawful use of force or violence against a person in an intimate or familial relationship. Domestic battery is a specific crime, and it can be charged as either a misdemeanor or felony, depending on the circumstances.

• Will a domestic violence conviction impact my ability to find a job?
  Yes, a domestic violence conviction can significantly impact your employment prospects. Many employers conduct background checks, and a conviction for violence may disqualify you from certain positions, particularly in fields that involve children, security, or vulnerable populations.

• What should I do if I’ve been falsely accused of domestic violence?
  If you’ve been falsely accused, it’s essential to seek legal counsel immediately. An experienced attorney can help gather evidence, build a defense, and ensure that your side of the story is heard. False accusations can have serious consequences, so it’s crucial to have professional support during this time.

Facing domestic violence charges? Contact us now at (949) 251-0330 for a free consultation and aggressive legal representation.