Long Beach Domestic Violence Lawyer

Long Beach Domestic Violence Attorney

An accusation, charge, or conviction of domestic violence in Long Beach, CA can be unsettling, to say the least. It can also have a serious impact on your mental health, finances, personal relationships, and professional opportunities. You may also have to deal with the stress of a trial, potentially losing access to your children or being sentenced to time in jail. If you are facing domestic violence charges, you need an understanding attorney who can ensure your interests are protected at every stage. An experienced criminal defense attorney from Gibbons & Gibbons can help. Our team offers a tenacious defense, argues your innocence if necessary, and fights for a lesser sentence if you are convicted.

Domestic Violence Laws in California

Many people assume that domestic violence charges are only applicable to spouses or romantic partners. However, domestic violence laws encompass more than simply romantic partnerships.  Parents, children, intimate or dating partners, spouses, relatives, co-parents, and co-habitants all fall under the umbrella of potential domestic violence perpetrators or victims. The fact that domestic violence can appear in so many different forms necessitates several laws and statutes in California that pertain to domestic violence cases.

Some of the most common charges for domestic violence include: 

• Corporal Injury. This refers to any physical act that causes physical harm to your intimate partner. This could include scratches, bruising caused by striking, swelling from a hit, and broken bones.
• Child Abuse or Neglect. Children can also be victims of domestic violence, physical or not. An example of physical abuse would be corporal injury to a child. This is any physical action that is done in an effort to cause harm or fear, such as hitting them either with your hands or an object. Neglect is also considered a type of domestic violence against children, which could include failing to provide them with the food, clothing, and shelter they need.
• Elder Abuse. Individuals over the age of 65, including grandparents and aging parents, can be impacted by domestic violence through elder abuse. Physical abuse, financial fraud, neglect, emotional abuse, and endangerment can all be considered elder abuse.
• Stalking. According to California’s stalking law, it is illegal to harass or threaten another person to the extent that they believe that their own safety or the safety of their family is at risk. This can be considered domestic violence if it is done to a spouse, child, relative, or romantic partner.
• Revenge Porn. This is a relatively new area of domestic violence, but it has become more prominent with the reality of the internet and access to cameras. If you distribute photos of a former intimate partner or ex-spouse that are sexually explicit, with the intention to cause them distress, you could face domestic violence revenge porn charges.

This list isn’t exhaustive. Many other instances could be charged as domestic violence, including child endangerment, domestic battery, assault, and posting harmful information on the internet. If you have been charged with domestic violence, contact our firm. An experienced attorney can help you understand your charges and advise you in terms of how to move forward.

Penalties for Domestic Violence Convictions

No case for domestic violence is like another. There are many different types of charges you could face, which means that the penalties will also vary. After being charged with domestic violence or if you believe that charge is imminent, knowing what penalties you may potentially face can help.

Some cases, like posting harmful information on the internet or child endangerment, are often less serious, so they will be charged as a misdemeanor. A conviction for a misdemeanor charge can carry penalties, including fines of several thousand dollars and jail time between six months and a year. Other domestic violence cases, including some types of elder abuse and corporal injury, can be charged as a felony. Felony convictions can carry fines of up to $10,000 and up to four years in state prison.

Your Rights Following a Domestic Violence Arrest

Being placed under arrest, regardless of the reason, can be both scary and stressful. This can be especially true if you have been arrested on a domestic violence charge. You may be arrested in front of those you hold the most dear – potentially threatening your relationships. Despite the anxiety you likely feel during this arrest, it’s crucial to remain calm. You still have rights, and once you’ve spoken with an attorney, you can ensure your rights are protected.

If you are arrested as the result of a domestic violence charge, here are some rights to know from the beginning. 

• Right to Remain Silent. The fifth amendment protects citizens from self-incrimination, which means you do not have to speak if you believe it will be used against you. When you have been arrested, this translates to your right to remain silent, so it is in your interest when facing a domestic violence arrest not to speak to the police.
• Right to an Attorney. The sixth amendment allows you the right to legal counsel, so you can work with an attorney if you have been arrested. If you have been arrested on a domestic violence charge, you should invoke your right to an attorney but not speak with the police beyond that.
• Right to a Phone Call. Anyone who has been arrested has the right to a phone call when their arrest has been processed and they have been booked. If you have been booked for domestic violence, you should contact an experienced domestic violence attorney to defend you.

Responding to a Domestic Violence Restraining Order

If someone has accused you of domestic violence, they may file for a restraining order in an attempt to protect themselves. A domestic violence restraining order against you might require you to not contact them, stay a certain distance away from them, pay spousal or child support, or even move out of a shared home. It is important to understand how to respond to a restraining order during a domestic violence case.

Once you receive the order, it is essential that you read it fully to understand the terms you must follow. If you do not follow the order properly, you may face an arrest and more charges. You will also be given a date to appear before a judge when they will determine whether or not the restraining order should be extended for as long as five years. A defense attorney from Gibbons & Gibbons can help you understand the terms of the restraining order more fully and know the right way to respond.

Domestic Violence Lawyer FAQs

Q: What Proof Do You Need for a Restraining Order in Long Beach, California?

A: The process of getting a restraining order put in place can be difficult, and the person filing for the order must provide evidence that it is necessary. This evidence can vary depending on the circumstances of each case, but in most cases, they will be required to show that abuse or harassment has happened. This could come in the form of statements from witnesses to the abuse, medical records that show evidence of harm, and photos of any injuries that occurred.

Q: How Long Do You Go to Jail for Domestic Violence in Long Beach, CA?

A: If you are convicted of a domestic violence charge in California, your sentencing will be impacted by several factors. The type of offense you were charged with, whether the charge was a felony or misdemeanor, and a history of domestic violence will all be taken into account. If you are convicted of misdemeanor domestic violence, including revenge porn, you could be sentenced to a year in jail. If your conviction is for a felony charge, such as corporal injury or elder abuse, you could face up to four years in state prison.

Q: How Long Do Most California Domestic Violence Cases Last?

A: There is no set amount of time that a domestic violence case can be resolved. The time spent on any case will depend on the specifics of the case, how busy the courts are, and if there are any delays or problems with the courts. Once you are charged, there is typically a period of six weeks before your case is initially heard before a judge. An experienced defense attorney may be able to get your case heard earlier, but it can take months or even years for the full case to be resolved.

Q: What Is the Statute of Limitations for Domestic Violence in California?

A: The statute of limitations refers to the period of time when someone can file a lawsuit or report after they have been injured or wronged. These statutes may vary depending on the type of charge that is being considered. Many cases in California have a two-year statute of limitations, but the limit is different for domestic violence accusations. Anyone who has been the victim of domestic violence in California has five years from the time of the injury to file a police report.

Trust Gibbons & Gibbons for Your Domestic Violence Defense

An accusation of domestic violence can have a significant impact on your personal, mental, emotional, and professional well-being. If you are charged or convicted, then you will also have to deal with the stress of a trial, any fines that come along with your conviction, and a potential prison sentence. Having the guidance of an experienced domestic violence defense attorney can be invaluable during this process. The team at Gibbons & Gibbons can create a defense for you and work to ensure that the prosecution does not meet their burden of proof. Contact our office today if you need a domestic violence defense attorney.