Domestic Violence

The state of California takes domestic violence very seriously. They’ve enacted several laws meant to protect individuals from threats, violence, and abuse by a family member, an ex-spouse, fiancé, cohabitant, or a domestic partner. Depending on the type of domestic violence, a person charged with domestic violence in California could be facing misdemeanor or felony charges. A conviction could result in fines, jail time, and other penalties.

Domestic Violence

Types of Domestic Violence Charges in California

California state law defines domestic violence as abuse committed against an adult or a minor by a:

  • Spouse
  • Former spouse
  • Cohabitant
  • Former cohabitant
  • A person with whom the suspect has had a child
  • A person with whom the suspect was in a current or previous dating or engagement relationship

In the context of domestic violence, “abuse” means an intentional or reckless attempt to cause bodily injury or to cause someone to think they are in danger of imminent serious bodily harm.

Some of the more common types of domestic violence in California include:

  • Aggravated trespassing
  • Corporal Injury to a spouse or inhabitant
  • Damage to a telephone or telephone line
  • Disobeying a domestic relations court order
  • Domestic battery.
  • Child abuse, neglect, and endangerment
  • Criminal threats
  • Elder abuse
  • Posting harmful information on the internet
  • Revenge porn
  • Stalking

Penalties for Domestic Violence in California

Domestic violence is what is called a “wobbler” offense in California, in that charges can “wobble” between a misdemeanor or felony charge, depending on several factors. These factors can include the circumstances surrounding the offense, the severity of the victim’s injuries, and the defendant’s criminal record.

A typical conviction on misdemeanor domestic violence charges could get you up to one year in the county jail and up to $1000 in fines. A felony conviction for domestic violence could mean fines and up to three years in state prison.

In addition, you may be sentenced to pay restitution to the victim, contribute $500 to a state domestic violence program, attend a year-long counseling program, lose your custody rights, and lose your right to own a firearm. You may also have a restraining order placed against you.

Defenses Against Domestic Violence Charges in Orange County CA

If you’ve been charged with domestic violence it’s important to take steps to protect your life. A conviction could mean more than just fines and jail time. You could lose your job, your house, and the custody of your children. Don’t let this happen to you. Contact Orange County, CA domestic violence Jim Tanizaki without delay.

Jim Tanizaki is a former Orange County DA turned criminal defense attorney. He knows the tactics the prosecution will utilize to obtain a conviction. In most instances, there are several defense strategies that could be used to get the charges against you reduced or even dropped, including:

  • Insufficient evidence
  • The injury was an accident
  • You were not responsible for the victim’s injuries
  • Self-defense
  • Contradicting statements
  • No independent witnesses

Speak to an Orange County, CA Domestic Violence Defense Lawyer

Don’t let a domestic violence conviction ruin your life. Find out what your legal options are. Contact the law office of Orange County, CA domestic violence attorney Jim Tanizaki through our website or call us at (714) 655-7633 to schedule a free, confidential initial consultation to discuss your case.