Domestic Violence Attorneys in Orange County

Domestic violence charges are a serious legal problem, with severe consequences if you are convicted. Typically, domestic violence cases start when an alleged victim calls 9-1-1, alerting the police about physical abuse, emotional abuse, or verbal abuse. Responding police officers will take statements from the victim, the accused, and any witnesses, photograph any physical injuries, and send the final report to the prosecutor’s office for further action.

If you’ve been charged with a domestic violence crime, contact OC Criminal Defense Attorney for immediate assistance from an Orange County domestic violence lawyer. Our knowledgeable team of domestic violence lawyers will help you through the legal process and will aggressively fight to defend your rights and lower the domestic violence charges against you.

How Can An Orange County Domestic Violence Lawyer Help?

A domestic violence conviction can have serious consequences that will impact you for the rest of your life. Some of these consequences could include:

Loss of your professional license (if applicable)
Loss of the right to own or possess a firearm or ammunition
Possible changes in your immigration status
Loss of present or future employment opportunities
Loss of child custody rights

In domestic violence cases where a criminal protective order or restraining orders are issued against you, you may face travel restrictions and lose the ability to work with children in the future on top of the many consequences mentioned above.

Because of the severity of the consequences, it’s important to have the support of a skilled Laguna Hills and Orange County domestic violence lawyer who can help you fight back against these criminal charges. Our criminal defense attorneys will closely examine the police report and your statement to determine a domestic violence defense. Although the circumstances of each domestic violence case are unique, some of the main defenses against a domestic violence charge may include:

I was falsely accused
They lied
It was an accident
It was self-defense
It can’t be proven beyond a reasonable doubt, so you can’t convict me
I was provoked by their actions
You can’t press charges against me because of a faulty investigation

A domestic violence charge is a serious matter with grave consequences, and you shouldn’t have to fight your charges alone. If you’ve been charged with domestic violence, contact a skilled Orange County domestic violence lawyer as soon as possible. When you work with our law firm, OC Criminal Defense Attorney, you’ll have one of these experienced domestic violence lawyers on your side:

Peter F. Iocona: Mr. Iocona is one of the most well-respected assault and battery attorneys in Orange County. He was selected as one of the Top 100 Trial Lawyers due to his extensive experience and also chosen as one of the 2015 Southern California Rising Stars by Super Lawyers, an esteemed attorney-rating service. Mr. Iocona has worked on dozens of domestic violence cases, obtaining favorable outcomes for his clients.

What Are Domestic Violence Laws In California?

Under California law, domestic violence is defined as abuse between two people who are married, domestic partners, dating or have previously dated, live or lived together, have a child together, or are closely related by blood or marriage. Although many people assume domestic violence refers to physical abuse, it can actually apply to:

Physically hurting someone or trying to do so, whether it is intentional or caused by reckless behavior
Sexual abuse
Threatening, intimidating, or promising to harm someone in the future that constitutes verbal or emotional abuse
Harassing or stalking someone
Disturbing the peace or damaging someone else’s property

In most cases, domestic violence charges are filed as a misdemeanor. The charges can be upgraded to a felony if you have a prior record, there was serious bodily harm, or the incident was alleged to involve a sexual assault. Domestic violence charges can also be filed as a felony if the victim was a minor. When charged with a misdemeanor, you may be fined up to $2,000 and could spend up to 1 year in county jail.

If you’ve been charged with a felony, you may be required to attend a lengthy domestic violence class, and you may face spending up to 4 years in state prison. This sentence could be extended depending on your criminal record and the harm done to the victim. Regardless of whether the charge was a misdemeanor or felony, you could also be prohibited from contacting the victim again. If you are found guilty, the victim may also file a civil lawsuit after the court case to recover compensation for their injuries.

It’s important to note that in California, state law says even if a victim does not report the abuse or asks for the charges to be dropped, the domestic violence case will continue against the accused.

How Police Identify the Dominant Aggressor

When police respond to a domestic violence call, they may hear conflicting stories about what occurred, see injuries, and hear claims of self-defense. California law tells officers to decide if there is enough reason to make an arrest and to determine who appears to have been the main aggressor. This person is not always the one who called 911, or the first who is alleged to have used physical force.

Under California Penal Code Section 13701, law enforcement agencies must maintain domestic violence response policies.

When identifying the dominant aggressor, officers may consider:

Threats: Whether either person made threats that caused fear of physical injury.
Prior Incidents: Whether the parties have a history of domestic violence.
Self-Defense: Whether either person appears to have used force to defend against an immediate threat.
Continued Abuse: Which arrest may help prevent further violence between the parties.

Police can arrest someone for domestic violence without a warrant if they have enough evidence. Sometimes, both people may be arrested if there is evidence against each person, but only if it is necessary. After the arrest, prosecutors review the reports and evidence to determine if charges should be filed.

How Do Corporal Injury and Domestic Battery Differ?

There are different charges in California domestic violence cases. Two of the most common are corporal injury and domestic battery. The main difference is whether the force caused an injury.

Section 273.5 applies when a person willfully inflicts bodily injury on someone in a domestic relationship.

Covered relationships include:

Spouses: A current husband or wife.
Former Spouses: A person previously married to the accused.
Cohabitants: A current or former person who lived with the accused in a qualifying relationship.
Dating Partners and Fiancés: A current or former dating partner, fiancé, or fiancée.
Coparents: The other parent of the accused person’s child.

A traumatic condition may include bruising, swelling, cuts, internal injuries, or harm associated with strangulation or suffocation. Domestic battery does not require a visible injury. It means someone used force or violence against a person they have a close or family relationship with.

Prosecutors consider what is alleged to have occurred, any injuries, the relationship between the people involved, and the evidence, along with any prior charges, when deciding the level of the charges. Items such as photos, medical records, police body cam video, and witness statements can also come into play.

What Can the First Court Hearing Decide?

The arraignment is the defendant’s first formal court appearance after prosecutors file domestic violence charges. It is the procedural starting point for the criminal case, but it does not determine whether the allegations are true. The court identifies the charges, advises the defendant of their rights, and addresses several immediate issues that may affect the defendant while the case remains pending.

The judge may resolve the following matters during the arraignment:

Charges and Advisements: The court identifies the criminal charges filed by the prosecutor and advises the defendant of core constitutional and procedural rights. The court may also confirm whether the defendant has an attorney or needs time to obtain counsel.
Entry of a Plea: The defendant may enter a plea of guilty, not guilty, or no contest. A not-guilty plea preserves the dispute for later proceedings and allows the case to continue through evidence exchange, motions, hearings, and possible trial.
Custody and Bail: The judge may determine whether the defendant remains in custody, posts bail, or receives another form of release. The court may consider public safety, the charged conduct, prior criminal history, and the likelihood that the defendant will return for future hearings.
Protective Orders: The court may issue a criminal protective order concerning contact with an alleged victim or witness. The order may be entered at the arraignment or another early hearing and remains enforceable according to the terms stated by the judge.
Future Court Dates: The judge may schedule pretrial conferences, motion hearings, or a preliminary hearing in a felony case. These later proceedings allow the parties and the court to address evidence, legal disputes, possible resolution, and trial preparation.

The arraignment does not ordinarily include witness testimony or a complete examination of the prosecution’s evidence. Police reports, recordings, photographs, medical records, and other evidence may need to be obtained and reviewed. Later stages of the case determine which evidence may be admitted and whether the prosecution can prove the charges.

When Criminal and Family Court Orders Overlap

Domestic violence cases can lead to cases in criminal and family court. A criminal protective order is part of the criminal case and protects the alleged victim or witness while the case is open. A domestic violence restraining order comes from family or civil court. Both orders can involve the same people, but they are separate and have different rules.

The following are factors regarding how orders are issued, enforced, and modified:

Issuing Court: A criminal protective order comes from the judge handling the criminal prosecution. A domestic violence restraining order is generally issued through the family law or civil restraining order process after the individual files a request for legal protection.
Purpose of the Order: The criminal court issues its order in connection with pending criminal charges and the protection of an alleged victim or witness. A family court order may address alleged abuse and related issues involving residence, custody, visitation, or support.
How Proceedings Begin: A criminal protective order may be issued after an arrest or the filing of charges without requiring the alleged victim to begin a separate case. A domestic violence restraining order begins when a person files a request and asks the family or civil court for protection.
Concurrent Orders: Orange County may permit a criminal protective order and a family court restraining order to remain active at the same time. The existence of one order does not automatically cancel or replace the other.
Conflicting Terms: The criminal protective order controls when its terms conflict with a family or civil restraining order. Permission for contact under a family court order cannot override a no-contact provision entered by the criminal court.

Each order stays in effect until the court changes or ends it. Even if the protected person wants to talk, the court order still controls. You have to look at both orders to see what each court requires and which rules apply if they are different.

How Much Does An Orange County Domestic Violence Lawyer Cost?

Receive a free consultation with a Laguna Hills and Orange County experienced domestic violence lawyer from OC Criminal Defense Attorney. If you decide to hire our team, the rates will be discussed based on the legal issues in the allegations.

Criminal lawyers typically charge a flat fee; however, in some domestic violence cases, an hourly rate is more appropriate. If you have a prior record or conflict regarding child custody, your fees may be higher since the domestic violence case involves more extensive legal issues to resolve.

The Legal Support You Need in Domestic Violence Charges in the OC

Have you or a family member been charged with domestic violence offenses? Contact the team at OC Criminal Defense Attorney to speak with an Orange County, California experienced domestic violence attorney to discuss a strategy for your defense. Call to schedule a free consultation with our team or reach our Orange County domestic violence lawyers today at (949) 779-3799.