What Should I Do If I’ve Been Arrested for Domestic Violence?
An arrest for domestic violence can completely upend your life. California punishes domestic violence convictions harshly, and the list of penalties goes beyond typical jail terms and fines. For example, domestic violence arrests can impair your custody rights, prevent you from seeing your partner, and impact your immigration status or gun rights. After a domestic violence arrest, the best thing you can do is to call an experienced criminal defense team to help prove your innocence.
What Is the Definition of Domestic Violence?
Any abuse committed against an intimate partner is considered domestic violence in California. Abuse is defined as intentionally or recklessly using physical force against an intimate partner or threatening to use physical force against an intimate partner.
An intimate partner can be one of many different people, including:
- Current or former spouse.
- Current or former domestic partner.
- Current or former fiancé.
- A cohabitating romantic partner, whether current or former.
- Anyone you have had a child with.
- Anyone you are in a serious dating relationship with or have been in a relationship with in the past.
Additionally, some people can be the victims of domestic violence even if they are not an intimate partner, such as children or other family members, either by blood or marriage, including:
- Siblings
- Grandparents
- Grandchildren
- Nieces and nephews
- Aunts and uncles
There are various crimes that can be considered domestic violence. It will depend on your relationship to the alleged victim whether your charges carry potential domestic violence penalties.
What Are the Penalties for Domestic Violence Arrests?
Most domestic violence offenses can be charged as either a misdemeanor or a felony. The extent of the charges will depend upon:
- Your criminal record.
- What injuries were suffered by the alleged victim, if any.
- The circumstances of the case, including your relationship to the alleged victim.
You will face the standard punishments for whatever criminal charges you receive, including jail, fines, and probation. In addition to the standard sentences for these charges, domestic violence cases can be treated differently.
First, most domestic violence convictions will have a mandatory 30-day jail term, even if only a first-offense misdemeanor. Further domestic violence consequences can include:
- Participation in a California “batterers” program, a year-long treatment class.
- Permanent criminal record.
- Loss of custody rights over minor children.
- Restraining orders against the alleged victim.
All these punishments could be added to your sentence, even if the victim did not suffer any physical injury. A domestic violence conviction also results in either a 10-year (misdemeanor) or lifetime (felony) firearms ownership ban, and could even lead to deportation proceedings against you.
Defending Yourself Against Domestic Violence Charges
Because the consequences of a California domestic violence convictions can be so severe, it is essential to mount the most vigorous legal defense possible. Even a misdemeanor conviction can land you in jail and cost you the right to see your kids.
Therefore, you should immediately seek an experienced criminal defense lawyer to represent you. The attorney can help craft a strategy to prove your innocence and present your case in the best light possible.
Often, plea bargains are a smart strategy that allow you to avoid the harshest penalties. Pleading to a lesser charge can prevent the risk of losing custody, jail, and even deportation. A lawyer who has handled past domestic violence cases will be able to explain the best way to handle your particular case.
Worried about what to do after a domestic violence arrest in Westminster, California? Contact Chambers Law Firm as soon as possible to schedule a no-obligation consultation. We can be reached at 714-760-4088 or dchambers@clfca.com.
