Fullerton Domestic Violence Lawyer

Fullerton Domestic Violence Attorney

Allegations of domestic violence can be devastating and have a huge impact on your life, both personally and professionally. If you’re facing this serious accusation, it can be crucial to hire a Fullerton domestic violence lawyer immediately for the quickest and most positive resolution possible. An experienced family law attorney at Moranda Law Firm, APC, understands the significance of these charges and can work to protect your rights and your freedom.

Our practice is committed to family law, which means we are well-versed in the challenges that impact children and families. We strive to provide the same high-quality representation our clients would get at a large firm with the care and attention only a smaller firm can give.

Domestic Violence Law in California

Domestic violence isn’t one specific charge. Rather, it’s a term that describes abusive patterns between family members, household members, or people in an intimate relationship. Domestic violence can involve spouses, parents and children, siblings, grandparents, roommates, or exes.

Most people think of physical violence, but any abusive behavior that one person uses to control another may be considered domestic violence. Abuse can be physical, emotional, psychological, sexual, financial, or technological. Under California law, abuse means intentionally causing or trying to cause bodily injury, including sexual assault, or putting someone in a position where serious injury is likely. It can also mean:

• Isolating someone from friends, family, or community
• Withholding basic necessities
• Controlling or monitoring someone’s communications, movements, finances, or access to resources
• Coercing someone into doing something by threatening or intimidating them
• Attempting to control pregnancy outcomes

Violent and abusive behavior is illegal, but when it happens between people in a close relationship, the penalties are more severe than they might be in other contexts. California takes domestic abuse very seriously and has stringent laws in order to preserve victims’ rights and prevent ongoing abuse.

Penalties for Domestic Violence

Because domestic violence is not one particular charge, the penalties of a conviction can vary depending on the offense. Some charges are filed as misdemeanors, and others as felonies. For example, a first-time spousal abuse conviction can be a felony and lead to years in prison, a large fine, or both. Convictions also count toward the Three Strikes Law, which means a third violent crime conviction would result in a life sentence.

Defense Strategies

In California, alleged offenders are entitled to defend themselves against domestic violence charges, and an arrest doesn’t always have to mean a conviction. Each case has unique circumstances, but there are some common defense strategies in domestic violence cases.

False Allegations

A false allegation defense can be used when the defendant did not commit the abuse they are accused of. The claim against them may be an intentional fabrication or distortion of a real situation, or it might be a misunderstanding of what occurred. This defense usually focuses on evidence that disproves the charges.

Self-Defense or Defense of Others

This defense is applicable when the defendant genuinely believed there was an immediate threat and had a reasonable fear of harm due to the other person’s actions. In a domestic violence case, this can become complicated, as it means an admission of injuring the other person. In addition, the amount of force used has to be considered reasonable for the threat.

Accident

This strategy might be used when the defendant claims the abuse was unintended. Like the self-defense or defense of others strategy, this means admitting to the injury and then proving that the circumstances of the event were accidental. However, if the accident was caused by recklessness, it could still lead to a conviction.

An Attorney Can Help

If you’ve been charged with domestic violence in Fullerton, CA, a knowledgeable Fullerton domestic violence lawyer can assess the details of your case and explain how the laws apply in your specific circumstances. In some cases, a skilled lawyer may be able to reduce or dismiss charges, and if your case goes to trial, an aggressive defense strategy and representation are critical.

FAQs

What Evidence Is Used in a Domestic Violence Case?

Because domestic violence is actually an umbrella term for a range of criminal offenses, the evidence needed to prove the charges varies but can include medical reports, testimony from the victim or witnesses, police reports, and more. Regardless of the charges, the prosecution always has the burden of proving beyond a reasonable doubt that the defendant is guilty of the offense.

What Happens in a Domestic Violence Case in California?

What happens in a domestic violence case in California may depend on the specific charges against the defendant. Sometimes, a protective order will be issued when the defendant is arrested. Whether or not there is a protective order, there will be an arraignment, where the court will decide if a trial is necessary, and if so, a trial date will be set.

How Do I Get a Domestic Violence Case Thrown Out?

California takes domestic violence offenses very seriously, and some prosecutors may not dismiss charges, even if the alleged victim drops their claim. However, domestic violence cases can sometimes be dismissed if there is insufficient evidence, the defendant’s rights are violated, or there is evidence of self-defense or accidental injury to the victim. In some cases, participating in a diversion program may also lead to charges being dismissed.

Can You Find Employment With a Domestic Violence Charge?

A domestic violence charge can have a significant impact on your ability to find or keep employment. However, there are some jobs that may hire someone with a domestic violence charge. These include construction, landscaping, manufacturing, food service, hospitality, and warehouse or janitorial work. In addition, sometimes, small businesses and startups are more flexible with background checks.

Your Fullerton Domestic Violence Lawyer

For more than ten years, Moranda Law Firm, APC, has provided client-focused representation against domestic violence charges and in other family law matters. Our knowledgeable and compassionate legal team works with each client to create a strong defense strategy that fits their particular situation. If you’re dealing with domestic violence charges, contact our office today to discuss how to preserve your rights and interests.