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If the police believe that a person has committed an act of domestic violence, they are likely to arrest the offender. An individual accused of domestic violence in Oakland or anywhere in California should look into retaining counsel, domestic violence convictions can result in a county jail or state prison sentence. Here is what to expect after a domestic violence charge in Oakland, including how a domestic violence attorney could help.

Domestic Violence Case Process

Individuals accused of domestic violence crimes can expect to be excluded from their home if they are residing with the person who is making the allegations. They will likely be told to stay away from certain locations, as well, such as the home or place of work of the alleged victim.

A domestic violence defendant should expect to be arraigned on the specific charges and told what they have been accused of in broad terms.  There will be pre-trial hearings, and if a negotiated resolution is not reached then there will be a trial.

In the event of a conviction, there could be a variety of outcomes such as incarceration, probation, mandatory attendance at domestic violence counseling for 52 weeks, fines, and even restitution to the victim for things like counseling or other reasonable expenses associated with the injury that they caused (ambulance fees, medical treatment, chiropractor, etc.). It is important to note that a domestic violence conviction will also lead to a lifetime ban on firearm possession – regardless of whether the conviction is a misdemeanor or felony.

Law Enforcement Investigation

The police may not find exculpatory evidence, know where to look for it, or simply may not take the initiative to find it. That is why it is important for someone to have legal counsel in Oakland to conduct an investigation on the part of the accused. All the police may have looked for is what they need for probable cause to make an arrest.

Legal counsel can make sure they have somebody working on their side to bring out any evidence that might be helpful to them. If not completely proving innocence, it could at least tell a story of mitigation or provocation. Perhaps there was some sort of fight and the alleged victim was the instigator. The police may not conduct enough of an investigation to figure that out.

Child Custody and Visitation

After a person has been charged with domestic violence in Oakland, the presiding judge in family court will make determinations about the best interest of the children in their custody. In the meantime, a criminal court judge will immediately issue a criminal protective order at the arraignment after the District Attorney has filed charges.  It is crucial that the criminal judge marks the box on the criminal protective order allowing peaceful contact with the child, in accordance with any prior or future family court orders.

If there is a finding of domestic violence there is a rebuttable presumption that the individual convicted of committing the act of violence should not be the parent who has custody of the child.  It is possible to overcome this presumption with the help of an attorney who is familiar with both domestic violence and family court.

A Defense Lawyer Knows What to Expect

Most defendants have no idea what to expect after a domestic violence charge in Oakland. The social stigma of the allegations, complicated criminal process, and a variety of other concerns make for a challenging ordeal. An experienced attorney could help walk you through the process and build an effective defense strategy. If you are facing charges, reach out to a lawyer as soon as possible.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

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