Challenging Domestic Violence Charges in San Luis Obispo & Atascadero, CA
Have you been arrested for or charged with a domestic abuse offense? We can help you fight these charges. We at the 805 Law Group have successfully helped hundreds of clients avoid jail time, stay out of prison, and avoid the severe penalties that are often sought by The San Luis Obispo County District Attorney’s Office in domestic violence cases.
When you work with an Atascadero domestic violence defense lawyer at our firm, you will experience firsthand our commitment to protecting our clients’ rights. We will take the time to understand the facts of your domestic violence case inside and out, research all current case law, and find applicable cases that will allow us to blend the facts and the law to build the strongest possible case. You’ll need it against domestic violence
Domestic Violence Attorney in Atascadero, California
Domestic violence is any physical assault or sexual abuse directed towards a family member or partner you share an intimate relationship with. The intent to commit or the act of domestic violence is a serious crime in the state of California.
But unless these accusations are found baseless, the accused faces consequences such as criminal charges, placement on the child abuse central index, restraining orders, as well as fines and penalties that include jail time.
Being accused of domestic violence should not be something we just overlook. It is better to seek proper legal representation from an Atascadero domestic violence attorney to give you a fighting chance.
When Domestic Charges Apply
Domestic violence is a term used to describe threats, acts of violence, abuse, or other similar acts between family members or cohabitants. Domestic violence charges may apply if you are accused of committing or attempting to commit an act of violence or abuse against:
- Someone you live with
- A romantic partner
- Your spouse or ex-spouse
- The parent of your child
Law enforcement personnel, prosecutors, legislators, and judges alike take domestic violence charges very seriously. In fact, were you aware that the prosecuting attorney can file domestic violence charges against you even if the alleged victim does not want to? The prosecution has the sole discretion in deciding whether to move forward with a case, even if a victim retracts his or her claim of violence or abuse. The court may also establish and enforce a restraining order that could prohibit you from contacting or coming within a certain distance of the alleged victim. You could even be forced to move out of your family home.
Make sure your rights are protected. Involve an Atascadero domestic violence attorney who will move fast to challenge restraining orders, investigate your case, and begin building an aggressive defense against domestic violence allegations.
Consequences Of Domestic Violence Conviction
No law is perfect, and even if California state law sees domestic violence in a clear perspective, there are still gray areas that can be involved. In many cases, domestic violence is caused by both parties.
The accused and the victim may share the blame for the causes of domestic violence. Unfortunately, California prosecutors do not consider such a scenario. Therefore, if you are being accused of domestic violence, the prosecutors will aggressively fight against you.
If you have been charged and convicted of domestic violence before, you may face severe consequences in both criminal and family courts. However, your case may be dismissed if all accusations are proven false or the case does not fall under any category of violence.
Domestic violence for both the accused and the victim can affect and devastate their respective lives. The lasting effects can be physical and mental anguish, strained family relationships, and a blow to their careers. For the accused, not only will they go through back-to-back proceedings, it will also be evident in their criminal records if proven guilty.
Some of the potential legal consequences brought upon by California state law are as follows:
- Jail or prison time.
- A prohibition from owning or buying firearms.
- If charged with sex abuse or a felony, must be registered as a sex offender.
- Denied custody of your children or face limited visitation rights.
- A prohibition from contacting the alleged victim.
- A criminal record even if you are not punished with prison time.
- You may be required by law to leave your residence and allow the alleged victim to live there even if the said victim does not own the home.
With the severity of consequences of a domestic violence charge, you must contact an experienced domestic violence attorney as soon as possible. A domestic violence attorney will review the facts, appeal with the family court, and will inform you if the restrictions placed against you are unfair and unreasonable.
When the Domestic Violence Victim Drops The Charges
Unfortunately, the complexity of domestic violence charges showcases that prosecutors decide whether or not charges should be pressed, not the victim. The prosecutor will maximize and utilize all available evidence in determining the next steps of the case at hand. This is because prosecutors are aware that the alleged victim may be susceptible to intimidation or pressure from the accused. Any form of stress due to the relationship of both parties may affect the proceedings.
Prosecutors are trained and experienced in ensuring that they build a solid case even without the cooperating victim. An experienced domestic violence attorney by your side comes in handy in ensuring that the due process is being followed and that there is no stone left unturned.
Defense For Domestic Violence Charges
If the accusations are proven false, there is still a chance for you to claim and craft a strategy that will secure a favorable outcome. Everyone is innocent until proven guilty beyond a reasonable doubt.
False Allegations – There are claims that domestic violence are unfounded, stemming only from spite and hatred of the victim. During a heated argument between parties, anything can happen. Inconsistencies are reviewed through testimonies and eyewitnesses.
Self-defense – An instance where you are only trying to defend yourself from an aggressor or alleged victim that led to a form of “domestic violence.”
Lack of evidence – The defendant’s best strategy is to expose the weaknesses of the opposition’s argument and use it against them. If the prosecution fails to meet the burden of proof beyond a reasonable doubt, you may not be convicted.
Wrong Suspect – There are cases that the possibility of proving someone as the person responsible may have been a mistake. These cases will involve someone else that has caused the physical abuse, and your domestic violence attorney will establish whether such a claim is a reasonable alibi.
Assertion Of Your Legal Rights After Domestic Violence
When you are charged with domestic violence, you may get confused and be stressed, causing you to make statements that may be used against you. Speaking for yourself in front of an officer or explaining your side of the story can make or break your case. It would be best if you were well represented by a domestic violence attorney. Exercise your right to remain silent and to speak to an attorney.
Never answer any questions to avoid self-incrimination. Your domestic violence attorney should provide extensive legal knowledge to guarantee that your voice is heard when brought to court. You deserve to be treated fairly and humanely within the criminal justice system.
Hire A Competent Domestic Violence Attorney!
Find out how a knowledgeable attorney can defend you, clear your name, reduce or even dismiss your case when you contact 805 Law Group today. Call us today or fill up our contact form.