Fresno Domestic Violence Defense Attorneys
California Domestic Violence Laws
Although we love our significant other and family members, disagreements can still happen. However, if a verbal fight turns into a physical one, it is possible law enforcement officials will arrest the alleged offender, even if the alleged victim has regrets or made false allegations. That is why it is important to hire an experienced criminal defense attorney to protect your rights and freedom from serious criminal charges.
At Sawl Law Group, we are dedicated to helping you avoid the harsh criminal penalties associated with domestic violence charges. Our Fresno domestic violence defense lawyers can thoroughly assess your case, figure out your available legal options, and build a strong defense strategy that proves either the police violated your constitutional rights or the prosecution has a weak case against you. Do not hesitate to get knowledgeable and skilled legal representation immediately.
Facing Domestic Violence Charges? We Can Help!
Protect your rights and future with an experienced defense attorney by your side. Contact us now at (559) 205-7757 for a free consultation!
What is Domestic Violence?
In basic terms, domestic violence occurs when an individual causes physical, mental or emotional harm to another member of their household, either intentionally or through neglect. California Penal Code § 13700(b) defines this violent crime as “abuse committed against an adult or a minor who is a spouse… cohabitant… or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
What are the Penalties for Domestic Violence?
Following is a basic list of domestic violence crimes and their penalties according to the California Penal Code:
- Spousal Abuse - Battery against a spouse is punishable under Pen. Code § 243(e) by up to one year in jail, a maximum fine of $2,000, or both.
- Marital Rape - Rape of a spouse is punishable under Pen. Code § 264 by a prison sentence of three, six, or eight years.
- Child Abuse - Neglect of a child is a misdemeanor punishable under Pen. Code § 270 by a $2,000 fine, up to one year in jail, or both. Child abuse is punishable under Pen. Code § 273a. by up to one year in jail, or a prison sentence of two, four or six years.
- Elder Abuse - Neglect or abuse of an elderly person is punishable under Pen. Code § 368 by up to one year in jail; a maximum fine of $6,000; or both, or a prison sentence of two, three, or four years. Aggravated offenses cause the sentence to vary.
In addition, a conviction for a domestic violence offense can also result in the loss of custody rights and gun rights. Even mere accusations can lead to significant damage to your professional reputation and personal life.
Common Defenses Against Domestic Violence Charges
Being accused of domestic violence can have serious consequences, but not every accusation is valid. There are several legal defenses that can help protect your rights.
False Accusations and How to Challenge Them
- Sometimes, people make false domestic violence claims out of anger, revenge, or to gain an advantage in custody battles.
- Your attorney can challenge these claims by presenting evidence, such as witness testimony, text messages, or inconsistencies in the accuser’s story.
Lack of Evidence or Inconsistencies in the Accuser’s Statements
- The prosecution must prove guilt beyond a reasonable doubt. If there is little to no evidence, the case may be weak.
- If the accuser’s statements change over time, it may indicate dishonesty. Your lawyer can highlight these contradictions to challenge the charges.
Self-Defense or Defense of Others
- If you acted to protect yourself or someone else from harm, this can be a valid defense.
- Evidence such as injuries, witness statements, or medical records can support your claim that you were defending yourself.
Accidental Injury vs. Intentional Harm
- Sometimes, injuries happen by accident. For example, if someone tripped and fell, but later claimed it was abuse, you may be able to prove the incident was unintentional.
- Your lawyer can use medical reports, expert testimony, and accident reconstruction to support your case.
Violation of Constitutional Rights During Arrest or Investigation
- If the police violated your rights—such as failing to read your Miranda rights or conducting an unlawful search—your lawyer may be able to get evidence thrown out.
- This could weaken the prosecution’s case and lead to a dismissal of charges.
Understanding Restraining Orders in Domestic Violence Cases
If you are accused of domestic violence, a restraining order may be issued against you. Understanding these orders is crucial to avoid further legal trouble.
Types of Restraining Orders
- Emergency Protective Order (EPO): Issued immediately by law enforcement to provide short-term protection.
- Temporary Restraining Order (TRO): Lasts until a court hearing is held, usually within a few weeks.
- Permanent Restraining Order: Issued after a court hearing and can last up to five years.
What You Can and Cannot Do Under a Restraining Order
- You may be prohibited from contacting the alleged victim, going near their home, workplace, or school, or possessing firearms.
- Violating a restraining order can lead to additional criminal charges, fines, or even jail time.
How to Contest a Restraining Order in Court
- You have the right to challenge the restraining order at a court hearing.
- Your attorney can present evidence showing that the order is unnecessary or based on false accusations.
- Witnesses, surveillance footage, and communications (such as texts or emails) can help disprove the claims made against you.
The Role of Evidence in Domestic Violence Cases
The outcome of a domestic violence case often depends on the evidence presented. Understanding what types of evidence matter can help build a strong defense.
Importance of Witness Testimony
- Witnesses, such as family members, neighbors, or friends, can provide statements supporting your version of events.
- If the accuser made contradictory statements to different people, this can weaken the prosecution’s case.
How Police Reports and Medical Records Impact the Case
- Police reports contain details of the incident, including officer observations and statements from both parties.
- Medical records can provide evidence of injuries (or lack of injuries) to either party, which may support your defense.
Digital Evidence: Text Messages, Emails, and Social Media
- Text messages and emails between you and the accuser may reveal inconsistencies in their claims.
- Social media posts can sometimes contradict an accuser’s statement or show their intent to falsely accuse you.
- Your lawyer can gather and present digital evidence to challenge the prosecution’s case.
If you are facing domestic violence charges, understanding these defenses and the role of evidence can help protect your future. Contact a skilled attorney to discuss your options.
Protecting Your Rights in Domestic Violence Cases
Domestic violence cases can have serious legal consequences and impact your personal and professional life. It is crucial to have experienced domestic violence defense attorneys on your side to protect your rights and provide you with a strong legal defense. At Sawl Law Group, our Fresno domestic violence defense attorneys have a proven track record of successfully defending clients facing domestic violence charges.
Our team will work tirelessly to:
- Investigate the circumstances surrounding the alleged incident
- Challenge any evidence presented by the prosecution
- Negotiate with prosecutors for reduced charges or penalties
- Provide guidance and support throughout the legal process
Don't face domestic violence charges alone. Contact Sawl Law Group today for a free case review and to learn how we can help protect your rights and fight for the best possible outcome in your case.
Frequently Asked Questions (FAQ) About Domestic Violence Cases in Fresno
Can a Domestic Violence Charge Be Dropped If the Accuser Changes Their Mind?
- Not necessarily. In California, once charges are filed, the decision to drop them is up to the prosecutor, not the alleged victim. Even if the accuser wants to withdraw their statement, the case may still proceed.
Will a Domestic Violence Conviction Stay on My Record Forever?
- A domestic violence conviction will stay on your criminal record unless you take steps to have it expunged. In some cases, after completing probation and other requirements, you may be eligible for an expungement, but certain convictions, such as felonies, may have lifelong consequences.
What Happens If I Violate a Restraining Order?
- Violating a restraining order is a serious offense and can result in additional criminal charges, jail time, and fines. Even accidental violations, such as sending a text message or being in the same public place as the protected person, can lead to legal consequences.
Can I Still Own a Firearm If I’m Charged with Domestic Violence?
- In most cases, no. If you are subject to a restraining order or convicted of domestic violence, you may be prohibited from owning or possessing a firearm under both California and federal law. Violating this restriction can result in additional penalties.
What If the Allegations Against Me Are Completely False?
- False accusations do happen, sometimes due to revenge, child custody disputes, or misunderstandings. If you are falsely accused, your attorney can challenge the claims by presenting evidence such as witness statements, text messages, surveillance footage, and inconsistencies in the accuser’s story.
Will a Domestic Violence Charge Affect My Custody Rights?
- Yes. A domestic violence accusation can impact child custody and visitation rights, even if you are not convicted. Courts prioritize the child’s safety, and a charge could result in supervised visitation or loss of custody. However, you have the right to fight these claims in court.
Request a Free Case Review From Our Fresno Domestic Violence Lawyer Today
If you have been accused of domestic violence, an investigation must first be made by the authorities. Before, during and after this investigation, it is vital that you have a defense lawyer on your side to counsel you and ensure that your case is treated fairly. Our Visalia domestic violence defense attorneys have more than 40 years of the collective experience and could obtain the best possible results for your case.
Don’t Fight Domestic Violence Charges Alone!
Get the legal support you need today. Contact us at (559) 205-7757 to discuss your defense options.
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