West Covina Domestic Violence Lawyer

Domestic violence is a serious situation, and police and prosecutors take these cases very seriously. Law enforcement can be quick to arrest and charge people. Sometimes, the situation is not always what it seems. Emotions can run high in relationships, and events can be misconstrued. If you have been accused of domestic violence, you need an experienced West Covina domestic violence lawyer to help you fight the charges and protect your rights.

What Is Domestic Violence in California?

Under California law, domestic violence is defined as abuse committed against a current or former spouse, domestic partner, or someone with whom the abuser has a child. It can also include abuse against a person with whom the abuser has or previously had a dating relationship.

Common forms of domestic violence include:

• Physical abuse, such as hitting, slapping, kicking, or other similar acts.
• Emotional abuse, such as threats, intimidation, and other forms of psychological manipulation.
• Sexual abuse, such as unwanted sexual touching, rape, or sexual assault.
• Financial abuse, such as controlling finances, preventing access to money, not allowing a partner to be employed, and other forms of economic control.

What Are the Consequences of Being Charged With Domestic Violence?

California imposes severe consequences on those who are convicted of a domestic violence charge, and it carries legal, personal, and social consequences.

Criminal Penalties

Criminal penalties can include fines and jail time, with misdemeanor charges typically resulting in smaller fines and shorter jail sentences. Felony convictions can lead to longer prison terms and heftier fines.

Restraining Orders

Courts may issue a restraining order that limits or prohibits contact with the alleged victim, which can impact living arrangements, custody, and employment opportunities.

Child Custody and Visitation Rights

Family courts will consider a domestic violence charge when determining custody and visitation rights. A conviction can lead to restricted visitation or supervised custody.

Employment Consequences

Many employers conduct background checks, and a domestic violence conviction can appear on these reports. This can deter potential employers from hiring you, especially for jobs that involve working with vulnerable populations or require a clean criminal record. Certain industries, such as law enforcement, may have stricter regulations regarding hiring those with criminal records.

It could also have an impact on what professional licenses and education you could achieve to help your employment opportunities.

Impact on Housing Opportunities

Landlords and housing complexes commonly conduct background checks, and a criminal record can make it difficult to secure housing. This is due to the concerns about potential risks to other tenants and property damage.

Loss of Rights and Privileges

Individuals convicted of domestic violence offenses may lose their right to own and possess firearms, both under state and federal law. It can also jeopardize citizenship status for non-citizens and could lead to deportation or denial of residency applications.

Long-Term Social and Reputational Damage

The stigma associated with domestic violence can lead to social isolation and challenges with maintaining current relationships and building new ones.

Financial Strain

Legal fees that come with defense costs can be substantial, along with fines imposed by the court. People can experience job loss as a result of their conviction and it can put a strain on finances.

Mandatory Counseling and Probation

People who are convicted are often required to attend a batterer’s intervention program, which is a 52-week course in California. Probation terms may also include frequent check-ins that disrupt your life.

While these consequences can be severe, there are defense strategies that can be employed to mitigate these risks to your rights and your future.

Domestic Violence Defense Strategies

If you have been accused of domestic violence in West Covina, you need a strong legal advocate on your side. Our attorneys have the knowledge and experience to protect your rights and explore potential defenses, such as:

• You acted in self-defense: Self-defense is the legal right to use reasonable force to protect yourself from imminent harm. This defense can argue that you defended yourself in a situation where the accuser was the aggressor, and you felt there was an immediate threat to your safety.
• It was an accident or unintentional: Proving that the situation was an accident or that the harm inflicted was unintentional. For a domestic violence conviction, the prosecution has to prove that there was an intent to harm.
• You were illegally searched or arrested
• You have an alibi: If it can be proven that you were not present at the scene of the alleged crime, this could cast reasonable doubt on the prosecution’s case. This could be done through witness testimony, physical evidence, or even surveillance footage.
• The accuser lied: A significant other could be lying about the domestic violence to get a more favorable outcome in a family law proceeding, such as getting sole custody of children.

The Legal Process in Domestic Violence Cases

Being arrested on a domestic violence charge can be daunting. First, you will go through the booking process, which includes fingerprinting, photographing, and providing personal information. Next comes the arraignment, where you will hear the charges and enter a plea. Your attorney can guide you through this process and advocate for your interests. Bail hearings will determine whether you will be released from custody before trial.

During pretrial proceedings, both sides gather evidence, such as witness statements and medical records. Your attorney can carefully prepare your case, filing motions to strengthen your defense. At trial, the prosecution and defense present their arguments and evidence. Your attorney will fight for your rights, presenting a strong case to the judge or jury. If you are convicted, sentencing will follow, and your attorney can advocate for a lenient outcome or file appeals.

Reach Out to an Experienced West Covina Domestic Violence Attorney

Even a seemingly minor domestic violence incident where no physical injuries are apparent can still lead to serious legal consequences. A misdemeanor charge can come with significant penalties, including fines, jail time, and a criminal record.

It is crucial to seek legal guidance as soon as possible after an accusation. Contact us today. An experienced attorney can promptly investigate the incident, gather evidence, and negotiate with the prosecution to minimize the charges or even have them dismissed. Early intervention can be vital in protecting your rights and mitigating the impact of a conviction.