Domestic violence cases are often the most stressful and important cases our clients face. What happens in these cases impacts issues such as child custody and visitation. An arrest for domestic violence can trigger a CPS (CFS) investigation. In addition to a criminal case, court proceedings can be initiated in family or juvenile court that can prevent you from living at your home or having any contact with your wife or kids.
A conviction can result in jail time, 52-week domestic violence classes, fines, community service, and so on. Prosecutors almost always continue to prosecute these cases regardless of whether the alleged victim doesn't want the case to be prosecuted and even if they change their story and say that they lied to police the night of the arrest.
There are many defenses available in domestic violence cases. In most cases, the alleged victim does not desire prosecution, and this makes the job more difficult for the prosecutor. This is especially true since the only two witnesses in most of these cases are the defendant and the alleged victim.
With an exclusive focus on criminal law, our attorney at Lapine Law is ideally suited to defend these types of matters.
The state of California defines domestic violence as any abuse or threats of abuse between spouses, domestic partners, individuals who are dating or living together, parents, or children. In essence, domestic violence refers to situations where the abused and the abuser are related closely.
In addition to harming or attempting to harm another person, domestic violence also includes sexual assault, threatening someone with violence or harm, stalking, or destroying personal property.
Because the relationship between domestic violence victims and perpetrators is often close or intimate, victims may be hesitant to come forward. There are legal options that can help prevent abusers from contacting or harassing victims.
One option is a restraining order, which is appropriate in cases where an individual has abused you or made threats of abuse and where you have a close relationship with the abuser. This may include a spouse, parent, roommate, or other family member or close relation. In the case of a minor child, a parent may file a restraining order on behalf of the child to protect them from abuse.