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SOUTHERN CALIFORNIA
DOMESTIC VIOLENCE & SPOUSAL ABUSE ATTORNEY
Serving Los Angeles, Orange County, Riverside, San Bernardino and San Diego County
FREE CRIMINAL CASE CONSULTATION
1-866-857-5900 CALL ANYTIME 24/7
Arrested and Charged with Domestic Violence? Know your FAQ
What is Domestic Violence?
I was arrested for Domestic Violence against my wife and she doesn't want to pursue charges. Can she drop the charges against me?
The victim has no visible physical injury. Can I still be convicted of Domestic Violence or Spousal Abuse?
What is Child Abuse & Neglect? (Maltreatment)
How will a Domestic Violence charge affect my relationship with my child?
What possible penalties could I be facing if convicted of Domestic Violence or Spouse Abuse?
What types of counseling may I be required to attend?
Why should I hire a lawyer when a Public Defender is free?
What defense strategies are available to me?
WHAT IS DOMESTIC VIOLENCE?
Domestic Violence is abuse inflicted upon a spouse or former spouse, an intimate partner (boyfriend or girlfriend) or former intimate partner, a cohabiting elder or child, or upon the other parent of a shared child. Abuse is causing or attempting to cause bodily injury, intentionally or accidentally, sexual assault and/or molestation, and violating a Restraining Order. Domestic Violence and Spousal Abuse can be charged as a misdemeanor or felony.
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I WAS ARRESTED FOR DOMESTIC VIOLENCE AGAINST MY WIFE AND SHE DOESN'T WANT TO PURSUE CHARGES. CAN SHE DROP THE CHARGES AGAINST ME?
No. Once Domestic Violence has been reported to law enforcement, the District Attorney and City Attorney will aggressively pursue prosecution, even if the alleged victim tries to deny the initial accusations or refuses to press charges. Alleged victims who refuse to testify in court or who change their story could face charges, such as falsely reporting to authorities or perjury.
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THE VICTIM HAS NO VISIBLE PHYSICAL INJURY. CAN I STILL BE CONVICTED OF DOMESTIC VIOLENCE OR SPOUSAL ABUSE?
Yes. The unlawful attempt to commit a violent injury upon a person (Assault), or the willful and the unlawful use of force or violence upon a person (Battery) is grounds for conviction. Any offensive touching, including actions that may not render visible physical injury, such as pushing, pulling hair, or severe shaking, can be considered a battery. Verbal or emotional spouse abuse coupled with threats of violence can also result in a conviction.
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WHAT IS CHILD ABUSE & NEGLECT? (MALTREATMENT)
State law defines child abuse as:
- Non-accidental physical injury inflicted on a child by its caretaker, including willful cruelty, unjustifiable punishment, or corporal punishment
- Sexual abuse, the victimization of a child by sexual activities, including molestation, indecent exposure, fondling, rape, and incest
- Emotional abuse, willfully causing any child to suffer, inflicting mental suffering, or endangering a child's emotional well-being
- Exploitation, forcing or coercing a child into performing activities that are beyond the child's capabilities or which are illegal or degrading, including sexual exploitation
Child neglect is defined as negligent treatment that threatens the child's health or welfare, such as failure of a parent/guardian or caretaker to provide adequate food, clothing, shelter, or supervision, and in more severe instances, where the child's health is endangered, such as in cases of severe malnutrition.
Committing Spousal Abuse in the presence of a child can bring charges of child endangerment.
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HOW WILL A DOMESTIC VIOLENCE CHARGE AFFECT MY RELATIONSHIP WITH MY CHILD?
An arrangement for mediation may be necessary to negotiate visitation if you are charged with Domestic Violence or Spousal Abuse against the parent of your shared child. You may also be ordered to only see your child or children under supervision.
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WHAT POSSIBLE PENALTIES COULD I BE FACING IF CONVICTED OF DOMESTIC VIOLENCE OR SPOUSE ABUSE?
Consequences of a Domestic Violence Conviction will vary depending upon the circumstances of each case, such as whether or not the defendant had prior charges of Domestic Violence or a history of violence and the severity of injury to the victim. The prosecutor may file Domestic Violence charges as a misdemeanor or a felony.
If charged with Domestic Violence or Spousal Abuse penalties may include jail time in a county jail or state prison, probation, community service, a Criminal Protective Order placed against you, court-ordered enrollment in a 52-week anger management course, counseling and fines.
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WHAT TYPES OF COUNSELING MAY I BE REQUIRED TO ATTEND?
Depending upon the specifics of your case, you may be required to attend drug and alcohol counseling, such as:
Alcoholics Anonymous (AA)
http://www.aa.org/
Cocaine Anonymous (CA)
http://www.ca.org/
Narcotics Anonymous (NA)
http://www.na.org/
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WHY SHOULD I HIRE A LAWYER WHEN A PUBLIC DEFENDER IS FREE?
In order for you to qualify for the services of a court appointed Public Defender, you must first prove that you are financially unable to hire an attorney. If a Public Defender Attorney is assigned to your case, though capable, it most likely will be one of many on his or her case list. Retaining your own experienced attorney will usually mean your case receives more personal attention, a more thorough investigation and more time will go into building the best defense possible.
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WHAT DEFENSE STRATEGIES ARE AVAILABLE TO ME?
Circumstances vary from case to case requiring different defense strategies. However some defenses that may be approachable if you are charged with Domestic Violence of Spousal Abuse include self-defense, insufficient evidence, factual innocence and matters of jurisdiction. Simple errors on the part of law enforcement in preparing, filing or serving summons and complaints could warrant dismissal of a case. An experience attorney who knows the ins and outs of Domestic Violence law can pinpoint and initiate your best avenue of defense.
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If you or a loved one is charged with Domestic Violence or Spousal Abuse in Los Angeles, Orange County, Riverside, San Bernardino or San Diego County, the experienced Attorneys at The Law Offices of Thomas Wallin have the knowledge and resources to help you. We will work with you on fees that are determined by your needs and are available 24 hours a day, 7 days a week. Don't hesitate to call for your first case consultation. It's FREE. Call 1-866-857-5900. We accept MasterCard, Visa & AMEX.
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Quick Contact
Office Locations
Orange County Address
8 Corporate Park
Suite 300
Irvine, CA 92606
Riverside Address
3890 10th Street
Riverside, CA 92501
San Bernardino Address
308 West State Street Suite 2-B
Redlands, CA 92373
Phone - Toll Free
(866) 857-5900
Fax
(949) 679-0303
Email
Click here
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