California Domestic Violence Defense Lawyers
Defend Clients Against Domestic Abuse, Spousal Abuse, Sexual Abuse, Stalking & Child Abuse Charges In California
Domestic violence is a crime.
Have you been charged with domestic violence in California?
Domestic violence, also known as domestic abuse, spousal abuse, child abuse is usually defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation.
Domestic violence can come in many different forms including physical aggression (hitting, kicking, biting, shoving, restraining, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect).
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
Are you facing a domestic violence charge in California?
If you need help to defend yourself against a domestic violence charge in California, then contact the SRIS Law Group Maryland, Massachusetts or California criminal law defense lawyers for help.
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
Our California domestic violence defense attorneys will do their best to help you.
- California Penal Code Section 273.5
(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
(b) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.
(c) As used in this section, “traumatic condition” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by a physical force.
(d) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code.
(e) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000).
(2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine.
(f) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097.
(g) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in subdivision (e), the court shall impose one of the following conditions of probation:
(1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition thereof, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days.
(2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (e), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days.
(3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause.
(h) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements:
(1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097.
(2) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
For any order to pay a fine, make payments to a battered women’s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(i) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.
- California Penal Code Section 273a
273ab. (a) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by
imprisonment in the state prison for 25 years to life. Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 189.
(b) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, shall be punished by imprisonment in the state prison for life with the possibility of parole. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
The SRIS Law Group lawyers assist clients in the following counties in California:
Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Santa Clara County, Alameda County, Sacramento County, Contra Costa County, Fresno County, Ventura County, Kern County, San Francisco County, San Mateo County, San Joaquin County, Stanislaus County, Sonoma County, Tulare County, Solano County, Monterey County, Santa Barbara County, Placer County, San Luis Obispo County, Santa Cruz County, Marin County, Merced County, Butte County, Yolo County, Shasta County, El Dorado County, Imperial County, Madera County, Kings County, Napa County, Humboldt County, Nevada County, Sutter County, Mendocino County, Yuba County, Lake County, Tehama County, Tuolumne County, San Benito County.