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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Oakland Roommate Violence Lawyer

Often, people who are or were in a dating relationship still remain roommates or family members share homes as roommates. When violence arises between these types of roommates who shared some type of intimate relationship at one point or another it can be charged as domestic violence. If a person is facing criminal charges of any kind, regardless of whether they live with the victim, that can have a significant impact on their life, and they should consider contacting a lawyer.

If you are facing accusations of violence toward a domestic partner, consider reaching out to an experienced criminal defense attorney. An Oakland roommate violence lawyer could protect your constitutional rights and work to preserve your future.

Immediate Criminal Consequences

The first thing to happen if a person is charged with roommate violence would be an arrest. Crimes of violence are punishable by an in custody sentence so it is critical to have an attorney to protect against the loss of liberty, among other things such as fines, stay-away orders, batterer’s treatment programs, anger management, a misdemeanor or felony conviction, weapons clauses, searches clauses, etc.

It is likely that an emergency protective order will be issued preventing entry in the home and contact with the other party. Then, an additional criminal protective order may be issued by the court preventing contact with the other party and entry into the home for the duration of the case.

Jail time is not the only concern in a case involving violence – the reach of a violent crime conviction extends far and may affect employment opportunities, freedom of movement, finances, the right to possess firearms, and more.

Roommate Violence as Domestic Violence

If an assault or battery charge involves roommates who do not have a romantic or familial relationship then they will not be charged with domestic violence. If there is an additional layer of romantic or sexual contact between the two, or if there is a family relationship, then there is a possibility that the alleged perpetrator could be charged with a domestic violence crime.

A conviction may have an impact on a job or social contacts, and they may not be able to seek certain kinds of jobs or enroll in certain schools because of a criminal record. When the parties do live together, there is an added layer of displacement because law enforcement can issue an emergency protective order prohibiting reentry in the home and then the court can issue a criminal protective order that lengthens that prohibition from accessing the home – the duration typically lasts through the litigation of the case and any grant of probation or parole unless modified by a judge with the victim’s consent.

Long-Term Consequences of a Conviction

The long-term consequences of a roommate-violence conviction in Oakland could mean that they would have to pay fines, be incarcerated, and be placed on supervised release like probation. It could also lead to restitution to the victim for any financial loss they suffered as a result of the crime and could also result in job loss or revocation of job offers.

If you are facing criminal charges for roommate violence, do not hesitate to contact an attorney. A lawyer could represent your interests through the arrest process and all the way through trial.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer