Let an Alameda County Domestic Violence Lawyer Advocate For You

Allegations of domestic abuse can immediately harm your reputation and threaten your liberty. Your career may suffer, and a restraining order might prevent you from contacting loved ones. While these consequences are serious, the penalties of a criminal conviction are far more severe. It is important to act quickly to protect yourself, even if charges have not yet been filed.

If you are convicted of domestic violence, you could face severe fines and even prison time. These risks make it crucial to refute the accusations and contest the charges quickly. It is also vitally important to understand how to comply with the terms of any protective or restraining orders that are put in place. Contact an Alameda County domestic violence attorney at Berkowitz Law who can provide advice and advocacy designed to safeguard your freedom and ensure your side of the story receives full consideration.

What to Do First

A case involving allegations of domestic violence or spousal abuse may begin with an arrest or being served with legal documents regarding a protective order or restraining order. If you or a loved one is subject to a protective order, it is essential to understand what the order prohibits, because any violation can result in additional criminal charges and potentially severe penalties.

Understanding the situation is the first step. A knowledgeable domestic violence attorney can help you gain a full comprehension of what has happened and what your options are for moving forward.

If you need to find someone who has been arrested for domestic violence, it is helpful to have that person’s full name and date of birth when you contact the jail. When police have booked someone under suspicion of domestic violence offenses, they may allow release based on a promise to appear in court (own recognizance release), or they may require the person to post bail. An attorney can help negotiate the best terms for release.

Even if charges have not been filed, it is important to begin developing a vigorous defense strategy. Accusations of domestic violence can cause permanent damage to your reputation, even if they are later proven false. It is wise to take all available steps to prevent charges from being filed by intervening during the investigative process.

Unfortunately, once a complaint of domestic violence is made, the case will not simply blow over, even if the person who made the accusation decides they want to “drop the charges.” The decision is no longer in their hands. It is up to the government to decide if they want to prosecute the case, and there is usually considerable political pressure to come down hard on partners who are accused of abuse. You need to take defense very seriously right from the start to protect yourself.

What Counts as Domestic Violence?

There are many common misconceptions about domestic violence charges. For starters, domestic violence is not limited to physically assaulting a current or former spouse. California law recognizes many behaviors as domestic violence if they involve a family or household member. This includes alleged criminal acts against:

  • Current and former spouses
  • Co-parents
  • Parents
  • Siblings
  • Roommates
  • Romantic partners

In addition, it is important to understand that domestic violence includes many different types of actions. It is when those actions are committed against someone in a domestic relationship that the alleged crime is treated as domestic violence and protective orders are likely to be issued, preventing the accused person from entering the family home or speaking to a partner or children.

Different Types of Offenses Qualify as Domestic Abuse

California has both criminal and civil laws regarding domestic violence, and they each have the potential to result in serious consequences. Criminal charges would be brought by the police and focus on punishment, whereas civil law allows victims to seek protective orders, compensation, or other relief. Even if police have not been called, an individual can seek a restraining order from a civil court if they can show by a preponderance of the evidence that they may be in danger. Emergency orders can be issued on a temporary basis before the accused even has the opportunity to defend themselves.

Some of the criminal offenses treated as domestic violence are described below.

Domestic Battery

Under Penal Code § 243(e)(1), domestic battery is the unlawful and willful use of force or violence against an intimate partner. Importantly, this offense does not require visible injury. Even a shove or offensive touch may sufficient for prosecutors to bring charges. Penalties may include up to one year in county jail, fines, and mandatory counseling.

Corporal Injury to a Spouse or Cohabitant

Penal Code § 273.5 makes it a misdemeanor or a felony to inflict corporal injury on a spouse, cohabitant, or partner that results in a visible wound. Unlike battery, this offense requires evidence of injury and carries harsher consequences, including up to four years in state prison.

Child Abuse and Neglect

Domestic violence laws also protect children. Penal Code § 273a criminalizes placing a child in a situation likely to cause harm or neglect. Convictions can lead to probation, mandatory parenting classes, or years in prison.

Elder Abuse

Penal Code § 368 addresses abuse of individuals 65 and older, including physical harm, neglect, and financial exploitation. Depending on whether the case is charged as a misdemeanor or felony, penalties may include up to four years in prison.

Stalking

Penal Code § 646.9 defines stalking as willfully and repeatedly following, harassing, or threatening another person so that they reasonably fear for their safety. When the victim is an intimate partner, the case may be prosecuted as a form of domestic violence. Convictions carry potential felony charges and long-term restraining orders.

Criminal Trespassing

Even conduct that seems minor, like entering the property of a former spouse or partner without permission, can lead to trespassing charges under Penal Code § 602. When tied to a domestic relationship, this offense may be treated as domestic violence, with additional penalties.

Other Offenses

There are many other alleged offenses that can be treated as domestic violence when they involve two people in a domestic relationship. These include:

  • Making criminal threats
  • Malicious destruction of property
  • False imprisonment

Also, remember that violating a restraining or protective order is also an offense that can become part of a domestic violence case unless you act with extreme caution.

Potential Penalties for Domestic Violence

The penalties for domestic violence depend on a few different factors. The courts will consider the specific type of offense, whether the defendant has prior convictions, and whether the alleged victim suffered bodily injuries during the incident.

Misdemeanor domestic violence convictions can result in up to one year in jail, in addition to fines, probation, and a batterer’s intervention program. While these penalties are serious, felony convictions are much more severe. If found guilty, you could face longer prison terms, hefty fines, and possibly restitution as well.

Beyond these criminal penalties, you can also face collateral consequences that dramatically impact your life. Collateral consequences are the impact your conviction has beyond the penalties that are handed down directly by a judge. Some examples include:

  • Child custody and visitation restrictions: Courts often limit custody or visitation rights for parents convicted of domestic violence.
  • Firearm rights: Federal and state laws prohibit firearm possession for those convicted of domestic violence offenses. The prohibitions may apply even if the conviction involves a misdemeanor.
  • Immigration status: Non-citizens may face deportation, denial of visas, or permanent inadmissibility. An experienced Alameda County domestic violence lawyer may be able to negotiate an outcome that avoids a conviction for an offense that endangers immigration status.
  • Employment and housing: Criminal records appear on background checks, making it harder to find work or rent housing.

Being found guilty of a domestic violence offense is a serious matter that can have life-altering consequences. The good news is that our team is ready to help you fight against a conviction.

Defenses in a Domestic Violence Case

There are various ways to challenge the state’s evidence in a domestic violence case. In some instances, a strong defense strategy can result in the charges being dismissed. Even if your case goes to trial, having the right approach can help you avoid a conviction. Some common strategies are described below, but if you contact us directly, we can discuss which defense strategies may be most effective in your case.

Self-Defense

One of the most common defense strategies in a domestic abuse case involves self-defense. You have the right to use a reasonable amount of force to defend yourself if you believe that you face an immediate threat of harm.

Defense of Others

In addition to defending yourself, you also have the right to use force to protect others who are threatened by immediate harm. There is no requirement that you have a close personal relationship with those endangered or that they are members of your family.

Lack of Evidence

The state has an obligation to prove beyond a reasonable doubt that you are guilty of domestic violence. This is a difficult burden to meet, and the prosecution does not always have sufficient evidence to meet it. Your attorney can highlight the weakness of the case against you to avoid a conviction.

Local Resources for Alameda County

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Reach Out to an Alameda County Domestic Violence Lawyer Today

If you have been accused of family violence, the team at Berkowitz Law is here to help. We understand what is at stake, and we will work tirelessly to help you get the outcome you deserve. Reach out to a domestic violence lawyer today to discuss your options.

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