Newport Beach Domestic Violence Lawyer

Newport Beach Domestic Violence Attorney

Whether you are charged with domestic violence or are the victim of domestic violence, you have rights. Domestic violence is a controversial legal issue that has lasting effects on both victims and offenders. This is why hiring the right Newport Beach domestic violence lawyer is invaluable. A skilled and experienced lawyer can help obtain justice for all parties involved.

Domestic Violence Laws in California

In California, domestic violence may also be referred to as intimate partner violence and occurs between intimate partners, parents, or cohabiting individuals, past or present. It is broadly defined as ongoing abusive behavior with the purpose of one partner gaining power or control over another partner. Most people think of domestic violence as physical, which it is, but it can also be emotional, mental, psychological, or financial.

Domestic Violence Charges

If you are accused of domestic violence, you may be up against serious consequences, and the legal system does not discriminate when it comes to perpetrators, regardless of your gender. If there is probable cause to make a domestic violence arrest, an arrest may be made. Domestic violence can be charged as a misdemeanor, a felony, or a wobbler, depending on the severity of the crime.

On the other hand, if you falsely accuse someone of domestic violence or request an unlawful restraining order, you may also be subject to charges. Examples of potential charges for domestic violence include:

• Domestic battery causing bodily harm
• Corporal injury upon a spouse
• Child endangerment
• Restraining order violation
• False accusation
• Sexual assault

Penalties for Domestic Violence in California

Domestic battery is one of the most common domestic violence offenses in California. It is defined as unwanted physical harm or contact with an intimate partner. It is often charged as a misdemeanor with a penalty of serving up to six months in jail and paying fines up to $2,000.

Corporal injury upon a spouse is also a common domestic violence offense. It is defined as willfully causing bodily injury to an intimate partner, which leads to a traumatic condition. It is a wobbler, meaning it can be a misdemeanor or felony, depending on the judge and the specifics of the case. The penalty is more severe, and offenders can serve between two and four years in state prison or up to a year in county jail. This can be in addition to a fine of up to $6,000.

Most other domestic violence charges are misdemeanors unless there are aggravating factors or weapons involved. Child endangerment is another wobbler that comes with stiff penalties. Offenders can face up to a year in jail and a $1,000 fine if it is a misdemeanor, or they may serve up to six years in prison and pay up to $10,000 in fines if it is charged as a felony.

Restraining Order Penalties and Appeals

If you are a victim of domestic violence, you may want to get a restraining order against your abuser. A restraining order prevents the offender from inflicting further harm against the victim. A restraining order is a legally binding document that makes it illegal for an abuser to come within a certain distance from you.

The process of obtaining a restraining order is rather straightforward. First, you complete court papers requesting a restraining order. The judge may decide to give you temporary protection right away. Then, you serve the other side with the court papers. Next, you must appear in court to be granted a long-term restraining order. You may decide to bring witnesses and provide evidence. Finally, the judge decides rather to grant you a long-term restraining order.

If your abuser violates the restraining order, they may face criminal charges. If a person believes they have been falsely accused of domestic violence, they can file for an appeal to get a restraining order overturned. No matter which side you are on, our lawyers at Engels-Janzen are equipped to handle your case and fight for your safety and rights.

FAQs

How Much Does a Domestic Violence Lawyer Cost?

The cost of a domestic violence lawyer varies in California based on the lawyer’s skill, experience, the firm’s location, and the complexity of your case. More experienced lawyers can justify charging more, while firms in areas with a high cost of living may be more expensive. Likewise, more complex cases may require more billable hours and thus be more expensive.

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

Getting a domestic violence case dismissed is difficult in California but not impossible. To charge for domestic violence, the prosecution must prove willful intent. However, ultimately, the skill of your attorney makes the biggest difference. Some defenses a lawyer may use to get your case dismissed are a lack of sufficient evidence, self-defense, or discrediting the witness, among other defenses.

What Is the Minimum Sentence for Domestic Violence?

In Newport Beach, the minimum sentence for domestic violence depends on whether the offense is charged as a misdemeanor or a felony. The minimum sentence for some domestic violence misdemeanors is six months, while the minimum sentence for some domestic violence felonies is two years. In addition to serving jail time, offenders may also be liable for paying fines.

Is Elder Abuse Considered Domestic Violence?

Yes, in some cases, elder abuse can be considered domestic violence in California. California extends the definition of domestic violence to include cohabiting individuals. If the cohabiting person happens to be an elderly person and has experienced abuse by a person caring for them, they may also be victims and can obtain a restraining order.

Contact Engels-Janzen for a Consultation

At Engels-Janzen, we believe everyone has a right to a solid defense and fair trial, no matter the accusations against them. We also advocate for victims of domestic violence with compassion and integrity. Being a victim of domestic violence, Christopher Engels understands the emotional ramifications of domestic violence intimately and can bring his experience into client interactions.

Whether you are a victim or are being falsely accused of domestic violence, we are at your side. We understand domestic violence laws in California and work hard to ensure they are appropriately applied. Contact us today for a consultation and learn more about your rights and legal options.