Santa Ana Domestic Violence Attorney

Defending Against Domestic Violence Charges

Domestic violence is any actual or threatened violence or abuse that occurs between married couples, divorced couples, individuals living together, individuals who are in a romantic relationship (or were in a romantic relationship), or other similar close relationships. This type of offense can relate to an adult against an adult or an adult against a child (for example, child endangerment or child abuse).

If you are facing any type of domestic violence or domestic abuse charges in California, you need to talk to the best criminal defense lawyer in Santa Ana as soon as possible. If you are convicted, you could be forced to suffer extremely harsh consequences, including jail or prison time, fines, probation and community service. You could also be required to stay away from your own home and family.

If you have been charged, please contact us online or call (714) 408-1249 right away. Moises Aguilar, Esq. is experienced in handling these types of cases and knows how important it is that we get it right.

Types of Domestic Violence Charges

Domestic violence cases in California can involve a variety of different charges. A Santa Ana domestic violence lawyer will help you understand the nature of the charge you're facing and provide defense strategies tailored to your situation.

1. Corporal Injury to a Spouse or Cohabitant (Penal Code 273.5)

One of the most common forms of domestic violence is corporal injury to a spouse or cohabitant. This offense involves willfully inflicting injury on an intimate partner that results in a traumatic condition. The injury may include bruising, broken bones, or other visible injuries. This crime can be charged as a misdemeanor or felony, with felony charges carrying the possibility of substantial jail or prison time.

2. Domestic Battery (Penal Code 243(e)(1))

Domestic battery refers to the willful and unlawful use of force or violence against a spouse, cohabitant, or intimate partner. Unlike corporal injury, domestic battery does not require proof of injury, making it a less serious offense in terms of physical harm. However, it can still result in serious consequences, including jail time, fines, and the potential for a criminal record. 

3. Child Abuse (Penal Code 273d)

Child abuse involves inflicting physical or emotional harm on a child. In a domestic violence case, if there are allegations of abuse against a child within the household, the penalties can be severe.

Charges related to child abuse can result in felony convictions, significant jail time, and a loss of custody or visitation rights. It is essential to have a qualified Santa Ana domestic violence lawyer by your side to protect your rights and work toward a resolution that minimizes damage.

4. Sexual Assault (Penal Code 261)

Sexual assault in a domestic setting refers to any unwanted sexual contact or behavior with an intimate partner or spouse. In California, sexual assault laws cover various crimes, including rape, groping, and sexual battery. These charges can result in long-term consequences, including mandatory registration as a sex offender, jail time, and damage to your reputation. 

5. Stalking (Penal Code 646.9)

In some domestic violence cases, the accused is charged with stalking, which involves repeatedly following, harassing, or threatening an intimate partner, leading them to fear for their safety. Stalking charges can result in both criminal and civil penalties, including restraining orders, jail time, and fines. 

Penalties for Domestic Violence in California

The penalties for domestic violence charges vary depending on the severity of the offense and whether it is classified as a misdemeanor or felony. A Santa Ana domestic violence attorney will guide you through the legal process and help minimize the potential penalties you may face.

Misdemeanor Domestic Violence Charges

A misdemeanor conviction typically carries less severe penalties, but it can still have long-lasting consequences. Some potential penalties include:

• Up to 1 year in county jail
• Fines of up to $6,000
• Mandatory domestic violence counseling or anger management classes
• Restitution to the victim
• Probation or parole

Felony Domestic Violence Charges

Felony domestic violence charges can result in severe penalties, including:

• 2 to 4 years in state prison
• Fines of up to $10,000
• Mandatory counseling programs
• Probation or parole
• A permanent criminal record

Additionally, if the offense involves aggravating factors, such as a history of abuse or the use of a weapon, the penalties may be more severe.

In cases where children are involved, a domestic violence conviction can impact custody decisions and parental rights. The court will prioritize the safety and well-being of children in domestic violence cases.

Civil Restraining Orders for Domestic Violence

In addition to criminal charges, victims of domestic violence in California can seek protection through civil restraining orders. A Santa Ana domestic violence attorney can help victims of abuse file for a restraining order to protect them from further harm.

There are several types of restraining orders available under California law:

• Temporary Restraining Order: This order is issued immediately and provides temporary protection to the victim. It can last for up to 21 days or until a court hearing.
• Permanent Restraining Order: This is issued after a court hearing and can last for several years, with the possibility of renewal. It prohibits the abuser from having any contact with the victim, either directly or indirectly, and may also include provisions regarding child custody, visitation, and property.
• Criminal Protective Orders: A criminal protective order is issued after a defendant is charged with a crime and is typically requested by the prosecutor. It protects the victim during the criminal case.

Protecting Your Rights

There is a special unit that handles domestic violence cases in California (called the Domestic Violence Unit). This unit is solely positioned to prosecute and punish those who are offenders. Because domestic violence crimes are considered to be extremely serious, you need to take immediate action to protect yourself if you are being charged or investigated by the DV Unit.

It is very important that you have a skilled lawyer on your side who will fight to protect your freedom and your constitutional rights. As a Santa Ana criminal defense lawyer, Moises Aguilar is seasoned and tough and will not back down. It is his ultimate goal to get you the best possible outcome in your criminal case.

Contact online a Santa Ana domestic violence attorney Moises Aguilar today to discuss your case. Call our office - (714) 408-1249