Domestic Violence

Allegations of physical and sexual abuse between married couples, domestic partners, and significant others may result in criminal prosecution and civil or family restraining orders.  Domestic violence allegations are often charged as Battery (Penal Code section 242), Battery with Corporal Injury (Penal Code section 273.5); Criminal Threats (Penal Code section 422); Spousal Rape (Penal Code section 262); Stalking (Penal Code section 646.9) and Violation of A Court Order (Penal Code sections 166(c)(1) and 273.6).
 
Both felony and misdemeanor allegations may have a profound impact on the defendant.  If a defendant is convicted of a criminal offense, the defendant may be sentenced to jail or prison, be ordered to attend a year-long Domestic Violence Recovery Program, abstain from the use of alcohol, and submit to drug testing.

Under California law, defendants convicted of misdemeanor domestic violence offenses may not be able to possess a gun for a period of time.  Penal Code section 12021(c)(1).  Defendants convicted of felony domestic violence may not be able to possess a gun ever again. Penal Code section 12021(a).

In addition, allegations of domestic violence may impact Child Custody proceedings.  If a Judge finds that a person seeking custody has committed domestic violence within the past five years against the other party or child, there is a presumption in family court against awarding sole or joint custody to the batterer.

Criminal Protective Orders

In addition to suffering a conviction, allegations of domestic violence may result in a Criminal Protective Order. Criminal Restraining Orders may be issued at arraignment and may last as long as the defendant’s criminal case is pending.  A Restraining Order may also be ordered as a condition of probation if the defendant is convicted.  If a Restraining Order is issued, the defendant may be ordered not to have any contact with the protected person, and stay 100 yards away from the protected person, his/her residence, school and work.  A Stalking Stay Away Order may last 10 years.

Emergency Protective Orders

After an allegation of domestic abuse, a police officer, sheriff’s deputy, parole or probation officer may request that an Emergency Protective Order (EPO) be issued.  A Judge may issue the order even if no arrest has been made, if the Judge believes the person is in immediate and present danger based on an allegation of recent abuse or threatened abuse. An EPO can be issued to prevent contact with an adult or child.

Temporary Restraining Orders

Temporary Restraining Orders are requested by individuals who allege they have been battered, sexually assaulted or stalked.  A Judge may issue a Temporary Restraining Order (TRO) if there is reasonable proof of a past act of abuse.  In addition to being order to stay away from the person seeking the TRO, the Court may order the Restrained Person to move out of the family home.

If you are accused of domestic violence, it is vitally important that you seek experienced, aggressive defense counsel. To protect your interests, contact Stacie L. Patterson at (619) 269-8074.