Domestic Violence Report

HAVE YOU OR A LOVED ONE BEEN ARRESTED FOR A CRIME OF DOMESTIC VIOLENCE?

IF SO, INSURE THAT YOU HAVE AN EXPERIENCED DOMESTIC VIOLENCE ATTORNEY FIGHTING FOR YOUR RIGHTS!

THE DOMESTIC VIOLENCE SPECIAL REPORT*

WHAT YOU MUST KNOW ABOUT YOUR CASE

1. WHAT IS DOMESTIC VIOLENCE?

In California there are certain crimes which can be charged as domestic violence the most common are:

In California there are certain crimes which can be charged as domestic violence the most common are:
Penal Code section 273.5, or “Infliction of Corporal Injury on a Spouse or Cohabitant” can be charged as a felony or a misdemeanor. In order for the prosecutor to prove that a person violated Penal Code section 273.5 the prosecutor must prove beyond a reasonable doubt that:
The victim was a spouse or cohabitant (usually a dating relationship)
That the defendant inflicted or caused a corporal injury or an injury that left some type of mark (no matter how slight) on the victim.
Penal Code section 422 or “Terrorist Threats or Threats of Violence”:
In order for there to be a conviction the prosecutor must prove beyond a reasonable doubt that the defendant:
Threatened the victim with immediate physical harm and was capable of carrying it out and
The victim was afraid that the threat would be carried out.
Be careful a violation of Penal Code section 422 if charged as a felony is a “Strike” under the three strikes law.

Other crimes that can occur in a domestic violence setting are dissuading a witness from testifying; vandalism; and false imprisonment. Additionally, criminal protective orders are generally issued once someone is arrested. If those orders are violated, new charges including violations of Penal Code sections 273.6 and 166 can follow.

2. What do I do about the Temporary Criminal Protective Order?

If you have been charged with a crime of domestic violence the police officer, who arrested you or Sherriff most likely served you with a Temporary Criminal Protective Order, which as a condition of your bail orders that you:
Have no direct or indirect contact with the victim
Stay at least 100 yards from the victim’s residence, place of work and automobile
Not harass, annoy stalk or harm the victim.
These orders can cause you to be removed from your house while the case is pending. The temporary orders usually become permanent orders at the arraignment. The arraignment is the first date set for you to appear in court. This is where the judge will advise you of the charges and ask if you want to plead guilty; not guilty or if you need more time to talk to a lawyer. Some judges may allow you to address the issue of the Criminal Protective Order at the arraignment.
In order to have any legitimate chance of having the order modified from a no contact/ kick out order, the victim needs to have obtained some counseling from at least the victim advocate at the District Attorney’s Office and be prepared to address the court at the arraignment. If the case involves serious charges and a significant injury, the court may require that the Criminal Protective orders be modified after a hearing at a later date.
If you need to return home or need to have the Criminal Protective Orders modified, please contact a lawyer as soon as possible to get the process started. Do not contact the victim.
The sooner you contact an attorney, the sooner the attorney’s investigator can provide the victim with the appropriate information to have a legitimate chance of having the protective order modified. Do not wait until the last minute.

3. What is the Punishment for Domestic Violence?

Like all things in life, the punishment for a crime of domestic violence varies; however the most significant fact is the nature and degree of the injury and whether the person has a criminal history.
If there is a serious injury alleged, contact an experienced attorney fast as real jail time, including potential prison, may result.
If the injury is minor and this is the first offense involving domestic violence, then the sentence may potentially be an alternative sentence other than actual jail. However if you are worried about jail, please contact an experienced lawyer right away.

Because of relatively new legislation, the courts are generally bound to order the following:

Formal probation for at least 1 year even for misdemeanors
You will have a probation officer
You will not be permitted to leave the county of your residence without permission
You must submit to search of your personal and effects with or without a warrant
You may be ordered to undergo alcohol or drug testing and counseling
Attend and complete 52 Anger Management Classes
Complete 40 hours of Community Service
Maintain gainful employment
Restitution ordered to the victim
Payment of a fine
Potential Jail time
Not own or possess firearms for life
Obey any court orders, usually protective orders

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