Anaheim Domestic Violence Lawyer

Anaheim Domestic Violence Attorneys

crucial. Navigating the legal system can be overwhelming, but having an experienced Anaheim domestic violence lawyer by your side can make a massive difference in the outcome of your case. A knowledgeable family law attorney can help protect your rights, build a strong defense, and work towards the strongest possible outcome in your case.

Domestic violence is a serious issue that impacts countless individuals and families. At Edgar & Dow, we defend those accused of domestic violence, providing legal representation to ensure a fair trial and fighting to protect your rights. Our firm has served Anaheim and surrounding areas for decades and prides itself on offering a results-driven, tailored approach to each case.

What Is Domestic Violence in California?

Domestic violence in Anaheim is a serious crime that involves the abuse of one partner by another in an intimate relationship. This can include physical violence, sexual assault, emotional abuse, psychological manipulation, and financial control. Domestic violence can occur between spouses, cohabitants, dating partners, or even between family members. It involves a wide range of behaviors, all of which are intended to exert power and control over the victim.

What Qualifies as Domestic Violence in Anaheim?

Domestic violence can take various shapes, all of them equally dangerous and destructive. The different types of domestic violence are:

• Physical Abuse: Physical abuse can involve hitting, kicking, shoving, choking, slapping, and more. It can also include instances where one person refuses medical care or forces drug or alcohol use onto another individual.
• Sexual Abuse: Forcing a person (or attempting to force) any form or amount of sexual contact or activity against their will. Sexual abuse includes but is certainly not limited to, spousal rape, physical attacks on the sexual area of the body, forcing a person to have sex after beating them up, or forcing them to behave in an otherwise sexually demeaning way.
• Emotional Abuse: When someone intentionally attacks another person’s self-worth, self-esteem, or general sense of self, this is abusive. This can include a wide range of behaviors, including intense criticism, purposely diminishing one’s personality or capabilities, calling someone derogatory names, or hurting someone’s relationship with their kids.
• Psychological Abuse: This can include causing fear through threats and intimidation, threatening physical harm, destroying property and important things, hurting pets, and more.
• Financial Abuse: When a person takes full control over another person’s finances, whether they are shared or owned privately, this makes that person economically dependent.

California Laws on Domestic Violence

California has firm laws aimed at preventing domestic violence and protecting victims. The state recognizes the severity of domestic violence and provides robust legal frameworks to address and penalize such acts. Some of these key laws include:

• California Penal Code Section 273.5: Corporal injury
• California Penal Code Section 243(e)(1): Domestic battery
• California Family Code Section 6203: Defines abuse broadly

Potential Punishments for Domestic Violence in California

The penalties for domestic violence in California vary depending on the severity of the offense and whether it is charged as a misdemeanor or felony. Factors that influence the severity of the punishment include whether or not minors were involved, the nature of the incident, injuries, the defendant’s criminal history, etc.

Misdemeanor Domestic Violence: Under Penal Code 243(e)(1), a misdemeanor conviction can result in up to one year in county jail, fines up to $2,000, and probation. The court may also require participation in a treatment program and a restraining order.

Felony Domestic Violence: Under Penal Code 273.5, a felony conviction can lead to 2-4 years in state prison, fines up to $6,000, and probation. Aggravating factors, such as prior convictions or significant injuries, can lead to greater punishment.

Restraining Orders: A domestic violence victim can file an application for a restraining order in an effort to protect themselves from harm. These orders can list requirements for no contact, no communication, no going to the victim’s residence, place of employment, or school, and other orders to prevent the victim from harm.

Beyond criminal penalties, a domestic violence conviction can have long-term consequences that impact child custody or gun ownership rights. A criminal record can also cause difficulties in securing employment or housing.

Anaheim Domestic Violence Attorney FAQs

Q: Can a Domestic Violence Case Be Dismissed in California?

A: Yes, a domestic violence case can be dismissed in California under certain circumstances. This could happen if the prosecutor decides there is insufficient evidence to proceed or if new evidence emerges that disproves the allegations. A victim’s unwillingness to testify can sometimes lead to a dismissal, although this does not guarantee it, as the prosecutor may still pursue the case.

Q: What Happens in a Domestic Violence Case in California?

A: In a domestic violence case in California, the accused must first be arrested, then arraigned, and then released on bail or held in custody. The case continues with a series of pretrial hearings where each side can present their discovery and negotiate a possible plea bargain. If no plea bargain is reached, then there is a trial. Evidence is presented by both sides in court, and a judge or jury decides to convict or not convict.

Q: How Much Does a Criminal Defense Lawyer Cost in California?

A: The cost of a criminal defense lawyer in California can vary widely based on the complexity of the case, the lawyer’s experience, and the length of the trial. On average, legal fees are less expensive for misdemeanor cases than felony cases. If you are facing domestic violence charges, you should speak with an attorney to gain a better understanding of your potential costs.

Q: How Much Jail Time Can You Get for PC 243 E 1?

A: Under California Penal Code 243(e)(1), a misdemeanor charge of domestic battery can result in up to one year in county jail. Additionally, the accused may face fines, probation, mandatory counseling, and other penalties. The exact sentence depends on the specifics of the case, the severity of the incident, and any prior criminal history.

Contact Our Anaheim Domestic Violence Lawyer

If someone has accused you of domestic violence and you are facing charges, you should contact an attorney immediately. Convictions can have a life-altering impact, so it is essential that you have someone on your side to support you and fight for you. To discuss your case with our experienced legal team, please contact us for a consultation.