Domestic violence allegations can result in serious consequences both in family courts and criminal courts in California, and the outcome of a case in one court does not necessarily predict how the other will proceed. In both situations, assistance from dedicated legal counsel can be crucial to protecting your rights and interests throughout every stage of your legal proceedings.
A Walnut Creek domestic violence lawyer could discuss options for your unique circumstances in detail during a confidential initial consultation. Once retained, a seasoned defense lawyer could work diligently to collect evidence that counters the evidence the other side will offer to the court, compile that information into a compelling defense, and minimize the risk of short-term and long-term repercussions from this sensitive and often high-stakes situation.
There are two statutes in the California Penal Code that cover most types of domestic violence allegations. First, California Penal Code §243(e) specifically addresses the commission of battery against a current or former spouse, fiancé(e), co-parent, intimate partner, or cohabiting individual. This offense is considered a misdemeanor and punishable upon conviction by a maximum one-year jail term and a $2,000 fine.
Second, California Penal Code §273.5 criminalizes the willful infliction of a catastrophic injury against a current or former spouse, fiancé(e), co-parent, or cohabitant. This charge specifically addresses situations where an act of domestic violence directly causes someone to sustain an external or internal injury, including harm caused by suffocation or strangulation through physical force. Conviction under this section of the Penal Code may result in felony-level punishment of one year in county jail or up to four years in state prison, plus a maximum $6,000 fine.
Other charges that could stem from a domestic violence accusation include:
A Walnut Creek domestic abuse lawyer could provide irreplaceable help by effectively contesting any of the aforementioned charges both in and out of court.
In addition to time in jail or prison and thousands of dollars in fines, there are various additional repercussions that a domestic violence conviction could have for a defendant. Most notably, anyone convicted of a misdemeanor or felony must be sentenced to all of the following in addition or as an alternative to other criminal sanctions, as per CPC §1203.097:
This protective order may have different conditions depending on the severity of the convicted party’s offense. It protects the victim from further acts of harassment or violence, to universal stay-away order. It may last for up to ten years at the issuing court’s discretion. Certain domestic violence convictions may also result in a defendant losing child custody rights and/or civil privileges like the right to own a firearm. A seasoned Walnut Creek defense lawyer could explain these conditions in more detail.
No matter what led to your domestic violence charge, it is crucial for you to take the allegations against you seriously. Convictions for offenses of this nature come with a host of unique penalties in California, and even a “not guilty” verdict or a dismissal in criminal court might not mean the immediate termination of related proceedings in family or restraining order court.
Guidance from a Walnut Creek domestic violence lawyer could make a huge difference in your prospects of securing a positive case result. Call today for a private consultation.
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.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!