Domestic Violence Lawyers In Orange County, CA
The consequences of a domestic violence conviction can be life-altering. Both your personal reputation and professional future are at risk. At Cron, Israels & Stark, we believe everyone has the right to a defense against criminal charges.
Our team of Orange County domestic violence lawyers, with our extensive experience and deep understanding of the legal system, will work to help you navigate the complexities of your case.
California Family Code 6211 plays a central role in determining whether an alleged offense qualifies as domestic violence.
We are committed to protecting your rights and interests at every step. With our expertise, you can be assured of a strong defense against the aggressively prosecuted domestic violence offenses.
Notably, California has some of the nation's most stringent domestic violence laws. Law enforcement agencies in Santa Ana, Anaheim, Irvine, Huntington Beach, Laguna Beach, Newport Beach, Fullerton, and other municipalities throughout Orange County will pursue domestic violence charges with the intent to obtain a conviction.
Misdemeanor vs. Felony Charges
Domestic violence crimes can be misdemeanors or felonies, known as 'wobblers.' This means prosecutors can charge a defendant with either based on the case details.
A first misdemeanor domestic battery charge may result in fines up to $2,000, up to one year in county jail, participation in a batterer intervention program, and community service.
Our team can help you understand the potential severity of your charges and the importance of having a lawyer in these cases.
It's important to note that many domestic violence charges can be particularly complex and challenging to navigate, which is why it's crucial to have a skilled legal team on your side.
We understand that Orange County prosecutors often pursue charges even when alleged victims request that charges be dropped. This can be a highly stressful situation. Having a skilled California criminal defense lawyer who not only understands the legal complexities but also your emotional turmoil can significantly increase your chances of a favorable outcome.
What is Considered "Domestic Violence?"
When an alleged perpetrator inflicts corporal injury or some other offense classified as domestic violence against an alleged victim, they may face criminal charges for their actions.
A domestic violence case typically starts with an arrest. The prosecutor then charges the defendant with the domestic violence crime they allegedly committed.
This could result in the defendant being issued a restraining order and facing jail time.
The legal process can be complex and daunting, but our experienced team is committed to guiding you through each step, ensuring you understand your rights and options in simple, clear terms.
The alleged perpetrator commits a criminal offense against a victim who is within a specific relationship type, such as the following:
- Current or former spouse
- Intimate partner
- Cohabitant in a home
- The individual with whom the person has a child
- Family members such as parents or siblings
- The person the individual is in a dating relationship with
As noted above, if you're facing allegations of domestic violence in Orange County, you could be facing a variety of complications, including restraining orders, mandatory Batterer's Intervention Programs, and jail time.
Common Orange County Domestic Violence Cases
A wide range of criminal offenses under California law fall under the category of "domestic violence." Among the most frequently charged crimes in Orange County are:
- Domestic Battery (PC 243(e)(1)). A misdemeanor crime that involves willfully and unlawfully touching an intimate partner in a harmful or offensive manner. Convictions carry a penalty of up to one year in county jail and fines of up to $2,000.
- Corporal Injury to a Spouse PC 273.5). This crime typically involves visible injuries and can result in a prison sentence of up to four years and substantial fines. Orange County prosecutors often pursue this charge when photographs document injuries or medical treatment is required.
- Criminal Threats (PC 422). Making threats to an intimate partner that would result in death or great bodily injury. Even verbal threats made during heated arguments can lead to felony charges carrying up to three years in prison.
- Violation of Restraining Orders (PC 273.6). This involves knowingly violating the terms of a restraining order. Orange County courts issue numerous protective orders, and violations can result in additional criminal charges, even for minor infractions such as sending text messages or appearing at prohibited locations.
Other Common OC Domestic Violence Charges
- Penal Code 236 PC - False Imprisonment
- Penal Code 273d - Child Abuse
- Penal Code 368 PC - Elder Abuse
- Penal Code 270 PC - Child Neglect
- Penal Code 646.9 PC - Stalking
- Penal Code 653.2 PC - Cyberstalking
- Penal Code 647(j)(4) - Revenge Porn
- Penal Code 136.1 PC - Intimidating a Witness
Key Takeaways
- California Family Code 6203 says that abuse includes physically hurting an individual or attempting to do so, threatening physical harm, sexual assault, harassment, or stalking.
- Emotional abuse is a less tangible form of domestic violence, but can be equally devastating. It can include behaviors such as consistent criticism, humiliation, intimidation, or manipulation.
- Sexual abuse within a domestic relationship includes a wide range of unwanted sexual activities forced upon one partner by the other. This can range from unwanted touching to forced sexual intercourse or other sexual acts.
- Financial abuse is a form of domestic violence where the abuser uses money and financial tools to exert control over their partner. It involves behaviors such as restricting access to funds, controlling all financial decisions, or preventing a partner from earning an income.
- Misdemeanor DV offenses can be elevated to felonies under certain circumstances, such as previous convictions for violent crimes, such as domestic battery or assault with a deadly weapon.
- Prosecutors will consider the severity of injuries when deciding how to charge a domestic violence offense.
- A corporal injury involves physical force that causes a traumatic condition, defined as a wound, or external or internal injury, whether of a minor or serious nature.
- Under California's Three Strikes law, a felony domestic violence conviction can count as a "strike."
- Multiple strikes can significantly increase the length of a prison sentence for repeat violent offenders.
- Other consequences of a domestic violence conviction can be severe. They include loss of your professional license, prohibition from owning a firearm, and deportation of illegal immigrants.
- A conviction can have a lasting impact on your personal and professional life, affecting your future opportunities.
What are the Terms of Probation?
Probation allows you to serve your sentence outside of jail and seeks to protect the public and rehabilitate the offender.
Several conditions must typically be followed during probation. You must not violate any laws during the probation period, or it can result in a probation violation with additional penalties. The terms of probation set by the judge can include any of the following:
- Court fines and fees
- Restitution payments
- Supervised probation
- Unsupervised probation.
- Batterers' intervention program
- Time served in jail before probation
- Anger management counseling
- Domestic violence counseling
- Community service or labor hours
- Submitting to random drug tests
Missing a session or failing to complete the program on time could result in harsh consequences.
What is a Restraining Order?
Orange County, CA, courts typically issue a restraining order against domestic violence offenders that prohibits any contact or communication with the victim. However, the judge can modify it to allow peaceful contact if the victim requests it.
Sometimes, the judge may still impose a complete protective order even if the victim wishes to reinstate contact. A restraining order can be disruptive for families trying to work through their differences and stay together.
A domestic violence protective order or restraining order will typically impose restrictions and terms such as the following:
- Keep you away from the victim's home, school, or workplace
- Prohibiting contact with the children or other relatives
- Forcing you to move out if living with the victim
- Prohibiting gun ownership
- Requiring child or spousal support or other payments
- Returning the victim's property
Intentionally violating a restraining order often leads to a probation violation and new criminal charges under California Penal Code Section 273.6 PC.
What are the Types of Restraining Orders?
Orange County Courts can issue several types of protective orders, including the following:
- Emergency Protective Orders (EPOs) are issued immediately following an arrest and typically last 5-7 days and prohibit contact with the alleged victim. Police can request EPOs directly from judges, even during nighttime hours.
- Temporary Restraining Orders (TROs) extend protection while court proceedings are pending. OC judges routinely grant these orders based solely on written applications from alleged victims. TROs typically include provisions requiring accused individuals to vacate shared residences, surrender firearms, and refrain from all contact with protected persons.
- Permanent Restraining Orders can be issued after a restraining order hearing. They can last up to five years and significantly impact employment, housing, and gun ownership rights. Violation of any restraining order constitutes a separate criminal offense and penalties as defined under Penal Code 236.1 PC.
Domestic Violence Enforcement in OC
Orange County law enforcement agencies operate under the mandatory arrest laws for domestic violence incidents. When police officers respond to domestic violence calls, they must arrest if they have probable cause to believe a domestic violence crime occurred within the previous four hours.
The mandatory arrest policy means that even minor disagreements can quickly escalate to arrests based on circumstantial evidence.
Police officers receive specialized training in response protocols for domestic violence. They document evidence, including photographs, witness statements, and interviews with victims.
While local law enforcement agencies investigate and make arrests, domestic violence cases are prosecuted by the Orange County District Attorney's Office.
Prosecutors work closely with victim advocates and often proceed with cases even without victim cooperation. The criminal courthouses in Orange County, California, include the following:
- Central Justice Center, 700 Civic Center Drive West, Santa Ana, CA 92701
- Harbor Justice Center, 4601 Jamboree Road, Newport Beach, CA 92660
- North Justice Center, 1275 North Berkeley Avenue, Fullerton, CA 92832
What are the Defenses Against Domestic Violence Charges?
If you're charged with a domestic violence crime in Orange County, hiring our experienced Orange County criminal defense attorneys is your best chance of a favorable outcome. We will evaluate your case and implement proven defense strategies to combat the charges. :
Perhaps we can claim self-defense. Arguing that you acted to protect yourself from imminent harm. This defense requires demonstrating that the force used was reasonable and proportionate to the threat faced.
Perhaps we can argue you are the victim of false accusations: This defense challenges the credibility of accusations, particularly in cases involving child custody disputes, divorce proceedings, or relationship breakdowns.
Perhaps we can argue there was a lack of intent. This defense focuses on the requirement that domestic violence crimes be committed willfully. Accidents or unintentional contact may not meet legal standards for conviction. Examining inconsistencies in victim statements, alcohol or drug impairment, or other biases affecting testimony reliability may also be a valid argument.
We serve clients in all Orange County cities, including Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Fullerton, Orange, Costa Mesa, Mission Viejo, and Westminster. For additional information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
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