WHITTIER DOMESTIC VIOLENCE CRIMES ATTORNEY

DEFENDING INDIVIDUALS IN PICO RIVERA, MONTEBELLO, LA MIRADA, & LA HABRA AGAINST DOMESTIC VIOLENCE ACCUSATION

Accusations of domestic violence can be life-altering, resulting in serious criminal penalties and social isolation. At the Law Office of J. David Munoz, our goal is to help people achieve the best possible outcomes for their cases. We are prepared to provide a strong legal response to the criminal charges brought against you. As client-focused advocates, we will work to ensure that your rights are respected and that you are afforded the protections owed to you under the law. To build your defense, we will examine police reports and may also conduct independent investigations into the circumstances surrounding your arrest.

Facing Domestic Violence Charges? Contact us today at (562) 362-4078 to discuss your case and start building your defense.

Comprehensive Defense for All Domestic Violence Allegations

Domestic violence charges may be brought for an act or threatened act of violence upon someone with whom the accused had an intimate relationship. This means that spouses, domestic partners, parents, stepparents, roommates, or anyone living in the same household may be accused of domestic violence crimes.

The following acts can be considered domestic violence:

• Actual or threatened physical harm
• Criminal harassment, such as threatening letters or phone calls
• Stalking
• Kidnapping
• Pushing, hitting, slapping, choking, kicking, or biting
• Sexual assault 
• Rape
• Sexual battery
• Statutory rape

At the Law Office of J. David Munoz, we defend clients facing these serious accusations and work to make sure that your side of the story is told and understood.

Defining Domestic Violence in California Law

In California, domestic violence is broadly defined as abusive behavior used by one partner to control or intimidate the other in a domestic relationship. This can involve physical, emotional, or psychological harm, and it applies to various relationships, including spouses, domestic partners, roommates, and parents.

Key California Laws Related to Domestic Violence:

• Penal Code 273.5: This law makes it a crime to inflict corporal injury on a spouse or cohabitant, such as causing physical harm or injury.
• Penal Code 240 and 242: These laws address assault and battery, which can be part of a domestic violence case.
• Restraining Orders: Victims of domestic violence can seek protective orders, which are legal orders that prohibit the accused from contacting or coming near the victim.

Understanding these laws is essential because being convicted under these codes can result in severe penalties, including jail time, fines, and long-term consequences for the accused.

Defending Against False Domestic Violence Allegations

False accusations of domestic violence can occur for various reasons—personal conflicts, misunderstandings, or in cases of revenge or manipulation. It's crucial to address these allegations immediately and carefully to protect your rights.

Steps to Challenge False Allegations:

• Gather Evidence: Collect texts, emails, social media posts, or witness statements that may contradict the allegations.
• Establish Alibis: If possible, provide evidence that you were not at the scene of the alleged incident.
• Consult an Attorney: An experienced lawyer can guide you through the legal process and help you present a strong defense.

Challenging false accusations requires thorough legal knowledge and strategic defense to ensure your rights are protected.

Impact of Domestic Violence Charges on Child Custody

Domestic violence charges can have significant consequences on child custody arrangements. Family courts take these accusations very seriously, as they are concerned with the safety and well-being of the children involved.

How Domestic Violence Charges Affect Custody:

• Restricting Parental Rights: If you are accused or convicted of domestic violence, you may face limitations in custody or visitation rights.
• Family Court Considerations: The court will assess whether the accused poses a risk to the child's safety. The history of abuse, including past behavior, will play a critical role in the decision.
• Temporary Custody Orders: While the case is pending, the court may issue temporary custody orders, which could prevent you from having contact with your child.

It's crucial to have legal representation when facing domestic violence charges to protect your parental rights and ensure that the court considers all aspects of your case.

Asserting Your Rights Against Domestic Violence Charges

When charges are filed against you, we can guide you through the steps to protect yourself and keep your situation from getting worse. 

Our strategy is aimed to help you avoid the most serious consequences that can follow a domestic violence charge, which may include:

• Prison sentence
• Permanent restraining order
• Inability to return to your house
• Inability to see your children
• Difficulty finding or keeping a job
• Difficulty finding or keeping an apartment
• Mandatory enrollment in a domestic violence treatment program
• Inability to possess firearms
• If an immigrant, loss of immigrant privileges

If you have received a civil domestic violence order (sometimes known as a protective order, restraining order, or injunction), we can help you contest it in court. However, it is crucial that you follow all aspects of the order until a judge allows you to do otherwise.

Frequently Asked Questions (FAQ) About Domestic Violence Charges

• What are the penalties for a domestic violence conviction in California?
  Penalties for domestic violence convictions can vary based on the severity of the crime and whether it's a misdemeanor or felony. Possible consequences include:
  • Jail time (from a few months to several years)
  • Fines
  • Probation
  • Mandatory counseling or domestic violence education programs
  • Restitution for the victim
  • A permanent restraining order
• Can domestic violence charges be dropped?
  In some cases, domestic violence charges can be dropped, but it's not solely up to the victim. The decision rests with the prosecutor, who will assess whether there is enough evidence to proceed with the case. A defense attorney can help challenge the evidence and negotiate on your behalf.
• What happens if I violate a restraining order?
  Violating a restraining order in California is a serious offense. Consequences for violating a restraining order may include:
  • Arrest
  • Criminal charges
  • Additional fines or jail time It's essential to fully comply with any restraining orders issued against you, even if you believe they are unjustified, until the matter is resolved in court.
• How can I protect myself if I'm a victim of domestic violence?
  If you're a victim of domestic violence, there are several steps you can take to protect yourself:
  • Seek immediate help from law enforcement.
  • Obtain a restraining order to legally prevent your abuser from contacting or approaching you.
  • Contact a domestic violence support group for additional resources and guidance.
  • Document any evidence of abuse (photos, texts, recordings) for legal purposes.
• Will domestic violence charges appear on my record?
  Yes, a conviction for domestic violence can appear on your criminal record. Even if charges are reduced or dismissed, it can still impact background checks for employment or housing. An attorney can help navigate options like expungement or reduction of charges.
• Can I still see my children if I'm charged with domestic violence?
  It depends on the circumstances. While facing domestic violence charges, a family court may temporarily limit or suspend visitation rights, especially if there’s evidence of harm to the child. Additionally, child support arrangements could be affected during this time. However, you have the right to petition for custody, visitation, and child support, and an attorney can assist you in fighting for your rights.
• Can my lawyer help me get a domestic violence charge reduced or dismissed?
  Yes, an experienced lawyer can help build a strong defense to reduce or even dismiss domestic violence charges. They may challenge the evidence, negotiate plea deals, or provide alternatives such as counseling or rehabilitation programs. Your lawyer's goal is to minimize the legal and personal impact of the charges.

CONTACT AN ESTABLISHED LAWYER FOR HELP WITH YOUR DOMESTIC VIOLENCE CHARGE

We stand prepared to take on even the most challenging cases involving accusations of domestic violence. 

Accused of Domestic Violence? Contact us now at (562) 362-4078 for experienced legal representation and guidance through the process.