It is a violation of California domestic violence laws to harm, or threaten to harm, an intimate partner, such as your spouse or parent of your child. Unfortunately, often innocent people are wrongly accused and convictions for these offenses can have devastating consequences. However, it is possible to convince the District Attorney’s Office not to pursue or file a criminal case against a defendant.

Domestic Violence Conviction Consequences

You may be subject to jail or prison, but there are many additional consequences that can occur as a result of a California domestic violence conviction, which can include, jail time, mandatory participation in what a commonly known as domestic violence classes, payment of fines and/or victim restitution, a criminal protective order, effects on any existing or future family law orders, effect on your gun rights, and immigration consequences;

Defending Against California domestic violence charges

We can help people fight back. Legal defenses to these charges include showing that the acts were unintentional or an accident, the injuries were not a product of the defendant’s actions, the defendant acted in self defense or in defense of someone else or the victim has made a false accusation against someone.

What is the definition of “domestic violence” and who is considered a victim?

California Penal Code 13700 defines “domestic violence” as abuse committed against an intimate partner.  A person commits “abuse” when he or she intentionally or recklessly uses, or threatens the use of, physical force against an intimate partner. A victim can be a current or former spouse, registered domestic partner, fiancé(e), romantic partner with whom you have resided (a “cohabitant”), someone with whom the accused has, or has had, a child, or someone the accused has had a dating relationship with.  A victim can also be the defendant’s child, a sibling, grandparent, grandchild, aunt, uncle, niece and nephews;

Common charges in California for “domestic violence” include battery, abuse, threats, and neglect. Some of these offenses are misdemeanors. Others are felonies.  Whether a matter is charged as a felony or misdemeanor may depend on certain factors, such as:  the facts and circumstances of the offense, the seriousness of the alleged victim’s injuries (if any), and the defendant’s criminal record (if any).

How can we help?

California law enforcement agencies take all claims of DV seriously and if you accused, you may find yourself unable to have contact with your family or spouse or even unable to return to your home.  If you are facing allegations of domestic violence in Ventura County, we can help you navigate these unfamiliar challenges as we have decades of experience in these types of cases.

When we are involved in the early stages of a case, we can often persuade the prosecutor not to file charges. In the alternative, we can negotiate a plea bargain that allows our client to avoid and/or minimize the negative consequences of a domestic abuse.  If your case goes to trial, we can make sure that a jury hears your side of the story and understands your position.

If you have been charged under California’s domestic violence laws, we invite you to contact us for a free consultation.