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CALIFORNIA DOMESTIC VIOLENCE
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What is a Domestic Violence Protective Order?
Protective orders are common in domestic violence cases. The victim may go before a judge and request an order of protection, claiming to feel threatened by the defendant. They may feel that their life is in danger, and a protective order will help keep the defendant away from them with the threat of imprisonment.
If you are being charged with Domestic Violence, the judge can order you to stay 100 yards from the alleged victim. In most cases, you don’t even need to be convicted. A simple accusation and formal complaint in court can have devastating results.
Even if you are innocent, you may be asked to leave your home and stay 100 yards away from the alleged victim. If you lose your case at trial, the court can extend the stay-away order for UP TO 3 YEARS. This can be a significant financial burden and take an emotional toll on all parties involved. That’s why having the best legal representation from the beginning can make all the difference in the world.
A California domestic violence lawyer will work to protect your rights and ensure that you are not treated unfairly. If there is a protective order, your attorney will likely work to get it shortened or eliminated.
Domestic Violence Attorney California
This page is dedicated to helping you gain a better understanding of California’s numerous domestic violence laws, the possible consequences you may face, and any applicable defenses.
Domestic violence has historically been a significant issue for law enforcement. Domestic violence was found to be the leading cause of 911 calls in some cities. Police departments prioritize these calls and instruct officers to make arrests regardless of the severity of the conflict. While the majority of these arrests are justified, many people are accused of domestic violence based on exaggerated or even fabricated claims of abuse.
The mere accusation of domestic violence will have a negative impact on your life. It can cause a breakdown in your personal and professional relationships. Expect additional negative consequences if you are convicted, including job loss, gun rights restrictions, and immigration issues, to name a few.
Seek guidance from an experienced domestic violence attorney if you are facing accusations of domestic violence. At Kareem Law APC, we have a team of experienced domestic violence attorneys. Our domestic violence attorney possesses extensive knowledge of the law and the legal system. Contact us today and get experienced domestic violence attorney.
Is Domestic Violence a Felony in California?
In California, domestic violence can either be a felony or a misdemeanor. Typically, the delineation point is how grievous or visible the injuries are. If you have just pushed someone or have potential hair pulling or slab that’s not readily visible, that can be considered a misdemeanor. Once you get to the level where you have broken noses, split lips, broken teeth, or broken bones, now we’re talking about not just domestic violence but potentially domestic violence with great bodily injury, which is going to add not only a felony but potential enhancements for state prison time.
What is Domestic Assault?
Domestic assault is another way of saying domestic violence or domestic battery. A lot of times, you hear assault and battery. And they are very close together. However, there is no actual domestic assault. It’s all considered domestic battery or domestic violence. It all depends on the context. When you have a relationship with someone, past or present, and you’ve done some act of physical violence toward them, please put your hands on them in a way they found offensive or caused an object to hit them; that’s all falling under domestic violence.
Can You Go to Jail for Domestic Violence?
Yes, chances are if the police are on the scene because of a call for domestic violence, someone is going to jail. California law requires that if a police officer sees a sign of physical violence and there is a relationship, they will take someone to jail. Whether the person desires prosecution or not, they go to jail if there are signs of domestic violence.
Possible Defenses Against a Domestic Violence Charge
Depending on the circumstances, your domestic violence defense attorney might use one of the following defenses to get your charges dropped, dismissed, or reduced.
Self Defense
Self-defense is one of the most common defenses used in domestic violence cases. If you used force against the alleged victim to protect yourself or someone else you believed was in imminent danger, your domestic violence defense lawyer can argue that you were justified in using force.
For example, if the alleged victim lunged at you with a knife after a heated argument, and you ducked and tackled them to the ground, resulting in a rib injury, your domestic violence lawyer can make the case that you acted in self-defense since your life was possibly in danger.
Lack of Evidence
Suppose there is no tangible evidence (medical records, statements from eyewitnesses, photographs, videos, phone records, or voicemail records) to prove that a crime (verbal abuse or physical abuse) was committed. In that case, your criminal defense lawyer can convince the prosecution to drop the charges against you or get the charges against you dismissed in court.
False Accusation
Suppose the alleged victim falsely accused you of framing or getting back at you. In that case, your domestic violence lawyers will investigate your case to prove that there is no factual basis for the false allegations. Without a legal justification for the domestic criminal charges, your defense team may be able to get the case against you dropped or dismissed.
Accident
Domestic violence generally involves an element of intention. If you hurt the alleged victim unknowingly or unintentionally, it cannot be considered an act of domestic violence. For example, if you are repairing work on your home and a tool slips out of your hand, hits your spouse, and causes an injury, you cannot be accused of domestic battery.
Domestic Violence Defense Lawyer Near Me
Domestic violence involves violence against a spouse or any other person. At Kareem Law APC,
At Kareem Law APC, our domestic violence defense attorneys have been successfully defending clients against domestic violence charges for over so many years. As a domestic violence defense attorney, we will investigate the accusations and ensure that your rights are protected.
Arrested for a Domestic Violence crime? Contact Domestic Violence Attorney California
Call (888)-506-6519 now.
Hire our domestic violence lawyer and get Practical solutions to all your Real-World Legal Problems
At Kareem Law APC, we have a team of domestic violence lawyers in San Bernardino who are committed to providing you with legal solutions. Our domestic violence defense attorney will protect your rights and accomplish the best possible outcome for your case. Having over a decade of experience as a domestic violence Defense attorney in San Bernardino, we have handled a wide range of crime cases. No matter if you are abused or accused of household violence, we have the best domestic violence lawyer in San Bernardino to assist you.
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How do domestic violence cases work in California?
Penal Code 243(e)(1) – California’s domestic battery law — makes it a misdemeanor to inflict force or violence on an intimate partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury. up to one (1) year in county jail.
Can a domestic violence case be dismissed in California?
Domestic violence charges cannot be dismissed if the police are engaged. The prosecution must decide whether to prosecute the attacker for domestic violence, depending on the evidence and circumstances. Many prosecuting authorities have adopted a “no drop” policy in the case of domestic violence allegations.
What happens when you get a domestic violence charge in California?
The legal consequences for domestic violence in California could involve fines, counseling, probation, community service or imprisonment. Further, you could be legally prohibited from ever contacting the victim or going into their home.
The California Penal Code lists several crimes that qualify as domestic violence-related offenses. The top five most commonly filed charges are:
- PC 273.5 Corporal Injury to a spouse or inhabitant
- PC 243(e)(1) Domestic Battery
- PC 273(a) Child Endangerment
- PC 273(d) child abuse
- PC 270 Child Neglect/failure to provide care
Direct consequences are based on what you agreed to in your guilty plea agreement or at trial sentencing. Collateral consequences will be based on what generally happens in life after you are found guilty and can vary from person to person.
Direct Consequences include but are not limited to:
- Mandatory Minimum Jail.
- Mandatory Court Ordered Domestic Violence Or Anger Management Classes.
- Mandatory Informal Or Formal Probation.
- Mandatory Protective Orders (Restraining Orders).
- Loss Or Reduction Of Child-custody Rights.
- Loss Of California Gun Rights.
- Criminal Record With A Crime Of Moral Turpitude* Immigration Consequences (Deportation, Denial Of Naturalization, And/Or Green Card Renewals)
- Collateral Consequences Include But Are Not Limited To:
Loss Of Employment And/Or Denial Of A New Job.
Mandatory Court Ordered Domestic Violence Or Anger Management Classes.
Mandatory Informal Or Formal Probation;
Mandatory Protective Orders (Restraining Orders).
Loss Or Reduction Of Child-custody Rights.
Loss Of California Gun Rights.
If you find yourself accused of a domestic violence offense, there are ways to fight back. Each case will have its own unique set of facts and circumstances that an experienced domestic violence attorney will use to develop the right defense. Some possible defenses/strategies are:
- SELF-DEFENSE OR DEFENSE OF OTHERS
- Self-defense can be a valid affirmative defense to the charges when the accused was acting to protect the safety and security of himself or others from an initial aggressor.
- FALSE ACCUSATIONS
- Sometimes, people will use the criminal justice system as a tool to gain the upper hand in a child custody battle or to spite their former partner. A proper investigation by your defense attorney will be necessary to establish facts that show the accusations against you were falsified.
- ACCIDENTAL INJURY
- The California Penal Code states you must have the general requisite intent when the prohibited contact was made. There can be a valid defense to the charges If facts exist that show the contact was an accident.
Make Sure You Hire a Reliable Criminal Defense Attorney
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Riverside.
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I was faced with a case that never in my life I’d imagine to be dealing with that could’ve had detrimental effects on my life and career ending. Kareem was the best defense I had to get my life back together. From start to finish Kareem was very attentive, informative and determined to help get this fixed and he did! The case was never filed! Thank you!
I was arrested and was facing 2 felonies in October and spent some time sitting in county jail. After calling tens of lawyers to help I immediately knew Kareem would provide the help I was looking for. He walked me through the entire court process and was very reassuring that I had nothing to worry about. It is a great feeling when you have a confident lawyer behind you. Kareem managed to get my case dismissed and I have no charges on my record now. I don’t think I would have this result if it weren’t for his help. I would recommend him to anyone. He knows what he’s doing and he is the man for the job.
Before hiring Kareem Law I made the mistake of listening to some ads for personal injury attorneys on the radio. I did not know what to expect since this was my first time needing to hire an attorney. The first office never returned my calls and never connected me with an attorney. I thought attorneys wanted to help their clients not treat them like dirt. I found Kareem's office after a family member told me of an attorney who did excellent work on his personal injury case.From the first call with Kareem he created a strong relationship with me where I felt appreciated and heard. Mr. Ramadan was always available when I needed answers and did a fabulous job settling my case.
I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care for my situation, were encouraging and made me feel safe. Kareem was very personable, reachable, and communicated clearly. Kareem put a lot of effort to get the case dismissed and achieve a complete resolution without the additional stress of a trial. I am beyond grateful to him!
Never in my life, did I think I would need a criminal defense attorney. A close family member committed a federal crime and suddenly I was searching for a criminal defense attorney. I submitted an inquiry to all lawyers in the Upland area and I am so thankful that Attorney Kareem was quick to reply on a Sunday afternoon!The next day, he was already doing a jail visit with my family member. The following day, we were meeting and discussing the case in his office. Right from the beginning,Kareem expressed his care and compassion for us and my incarcerated family member. He also made us feel very comfortable telling us a personal story of his that made him appreciate nurses, which my mom and I are! This life journey of his, made us feel that he knows the value of life and our family member would be in excellent hands.Kareem was always available to answer all our questions. If you call him or text him, he will always respond right away or within a few hours. This was an extremely difficult time in our lives and Kareem was always there to ease our minds. When trying to find an attorney who is going to save your life or a close family members, you have to fully trust your lawyer and Kareem is that man. He strongly advocated for my family member and got him released from jail with a mental health diversion. This was the goal from the beginning and we could not be more thankful to Attorney Kareem for the outcome.
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2/06/2023 - I was very fortunate to have had Kareem as my attorney. From our very first conversation, I could tell he was very knowledgeable and experienced. His empathy and care... read more
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4/13/2022 - I needed a lawyer for my son that got himself into trouble. This was the best decision that I made, even though I did not have the extra money for... read more
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4/15/2023 - I would highly recommend Mr. Ramadan to anyone in a similar situation. He was very helpful throughout the entire process, and the final outcome was very favorable.
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7/03/2023 - Where do I even start with Kareem... I got into some trouble recently and needed some help as I do not know anything about laws and what my next steps... read more Cory R.
2/15/2023 - Quick response even on the weekend. Atty Kareem seems like a great attorney however he was too busy for our small case. Thank you for your time.
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8/20/2023 - I had reached out to Kareem Law APC after finding out I was being wrongfully accused of an incident, and he immediately called me back late at night. I have... read more
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1/31/2023 - I was faced with a case that never in my life I'd imagine to be dealing with that could've had detrimental effects on my life and career ending. Kareem was... read more WaKas M.
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KAREEM LAW APC – CRIMINAL DEFENSE LAWYER
Attorney Kareem uses his training and experience as a former prosecutor to defend clients throughout Los Angeles and San Bernardino. If you are arrested or charged with a criminal offense, you need someone with experience to defend and protect your rights. Call Kareem.
