Costa Mesa Domestic Violence Lawyer

Costa Mesa Domestic Violence Attorney

The term domestic violence is often used to describe abuse that occurs between two people in a relationship. The way California law defines domestic violence, however, is specific, and the penalties associated with such crimes are serious. Whether you believe you have suffered from domestic violence or have been accused of this offense, you should speak with a Costa Mesa domestic violence lawyer who can give you insight into your legal options.

Has your peace been disturbed? Have you been physically or mentally abused? Have you been falsely accused of domestic violence? Our attorneys take domestic violence very seriously because we understand just how damaging it is for victims and their children. While domestic violence has no place in any relationship, neither does the use of false allegations as a tool to gain an advantage in family law proceedings.

There are two sides to every story. With over 15 years of combined legal experience and in-depth knowledge of California family law, Engels-Janzen is ready to help you tell yours.

Domestic Violence in California Explained

Domestic violence is a national crime, and each individual state defines and assesses penalties for this crime within its penal code or statute. California PEN 13700 defines domestic violence as abuse that is inflicted by someone on their spouse, romantic partner, or someone who they are dating or with whom they are engaged.

A person can also be charged with domestic violence if they exact abuse upon someone with whom they cohabit in the present or with whom they cohabited in the past. Abuse against someone with whom the abuser shares a child is also considered domestic violence. Abuse is an action that causes or intends to cause harm or serious bodily injury to a person, or that places them in a position to suffer potential bodily harm.

A knowledgeable domestic violence lawyer who understands California law extensively can assist domestic violence victims in defense against an abusive ex-partner or ex-spouse or someone whom they lived with. They can also represent you and help ensure you understand your rights if you have been accused of a domestic violence crime.

This Issue Is Personal To Us, Just As It Is Personal To You

As a victim of domestic violence himself, attorney Christopher Engels knows what it is like and understands the emotional weight a domestic violence issue carries. Christopher and the rest of our firm are here to help alleviate some of the stress that naturally occurs when dealing with any domestic violence matter.

Whether you are the accuser or the accused, allegations of domestic violence will loom large in your family law case and will have major implications for your children and each parent’s relationship with them.

Domestic violence is a quasi-criminal action. It carries serious consequences and cannot be approached without serious dedication and knowledge. The attorneys at Engels-Janzen are ready to provide that dedication and knowledge to help protect you and your family.

Cases Move Quickly – You Can’t Afford To Wait

The law requires law enforcement officials to set out guidelines for responding to domestic violence incidents per PEN 13701. If there is enough probable cause for an arrest, the dominant aggressor, regardless of their gender, is to be apprehended. In many cases, domestic violence allegations will result in criminal charges against the alleged abuser.

However, well before that happens, there will likely be court hearings to issue restraining orders (also known as protective orders). If you have been abused, our attorneys will act quickly to help you secure all available court protections for yourself and your children. We will also gather all available evidence (including police reports) to be used in your custody and other family law proceedings.

We also assist victims of false accusations. People accused of domestic violence are sometimes forced out of their homes and lose most or all access to their children. If you have been falsely accused, we will be by your side to help you contest the allegations and mitigate some of the devastating consequences that an erroneous protection order can create.

Potential Charges

Depending on the circumstances and evidence following a domestic violence incident, potential charges may include:

• Domestic battery for causing serious bodily harm.
• Corporal injury to a spouse or a cohabitant.
• Child endangerment.
• Sexual assault.
• Restraining order violation.

Domestic violence charges cover many different types of violations against a partner or cohabitant. It is thus important to consult a domestic violence attorney who can explain in depth what each charge entails and whether or not it is the appropriate charge or should be challenged.

Charges can be fought in court through trial, where a skilled attorney presents evidence and witnesses in a client’s favor. It is also possible to negotiate a plea deal if it is the most optimal solution possible to avoid felony charges and long-term imprisonment.

Penalties for Domestic Violence in California

Facing a domestic violence charge in California may lead to serious penalties and consequences if a case is not handled with the support of a skilled domestic violence lawyer.

• Misdemeanor Penalties: A conviction of domestic battery, corporal injury to a spouse or a cohabitant, child endangerment, or a restraining order violation, if charged as a misdemeanor in California, can incur a penalty of up to one year in jail and a fine of at least $1,000.
• Felony Penalties: Corporal injury, child endangerment, and restraining order violations may also lead to a felony conviction if there are previous convictions, depending on the seriousness of the crime. Felony charges can result in confinement of up to multiple years as well as larger fines.
• Restraining Orders: Besides penalties and fines for a domestic violence conviction, a person suspected of domestic violence may have a restraining order issued against them. If there is proof that the petitioner’s safety is in danger, a restraining order may prohibit a respondent from contacting them and could require them to leave a shared home.
• Challenges to Child Custody: A family court judge may temporarily terminate the custody and visitation rights of someone suspected of domestic violence through a restraining order. A conviction may lead to more limits to your child custody rights.

Falsely accusing someone of domestic violence can lead to a misdemeanor charge in Costa Mesa and California as a crime against public justice. Domestic violence charges should not be taken lightly. Engels-Janzen strives to provide individualized support for each client facing domestic violence charges, knowing that each case is unique.

FAQs

What Happens in a Domestic Violence Case in California?

In a domestic violence case in California, a person who has been suspected of inflicting abuse on an intimate partner, either current or former, a spouse, the parent of their child, or a person they cohabit or have cohabited with in the past may face misdemeanor or felony charges depending on the type of crime. Potential convictions include confinement and fines, as well as loss of child custody rights.

What Is Considered Felony Domestic Violence in California?

Felony domestic violence can be charged for sexual assault or in cases of battery, child abuse, or violation of restraining orders if it is not a first offense. Additional factors in a crime can lead to a felony charge, including the possession of a firearm in the commission of domestic violence or if serious bodily injury was inflicted on a victim.

How Do I Get a Domestic Violence Case Dismissed in California?

To get a domestic violence case dismissed in California, it is highly recommended that you speak with a seasoned domestic violence attorney who understands California law and has insight into how domestic violence cases are prosecuted in your county. A skilled attorney may be able to prove an accusation is false or that you acted in self-defense.

How Much Does a Defense Attorney Cost in California?

The cost of a defense attorney in California is contingent on the attorney’s location and area of practice. An attorney who has worked in domestic violence cases with clients for years may be able to provide more vigorous representation, which may be worth the cost in order to avoid the consequences of a conviction. The length of a case and its complexities may also dictate how much an attorney may charge.

Tell Us Your Side Of The Story In A Free Consultation

Everyone deserves a strong defense when facing any kind of accusation, including domestic violence. Since the consequences of a domestic violence conviction can weigh heavily and impact your future tremendously, it may be wise to speak with a Costa Mesa domestic violence lawyer who can listen to your case with dedication and provide compassionate representation.

From our office in Costa Mesa, Engels-Janzen serves clients throughout Los Angeles and Orange counties. Whether you’ve been the victim of domestic violence or falsely accused of committing family violence, contact us to tell your story and learn about your legal options. You can reach out online or call 949-269-7709.