When facing a domestic violence charge in California, the knowledge and legal support of a Cerritos domestic violence lawyer may be required. If you need a law firm with decades of experience, the Simmrin Law Group is where you’ll find it. Our Cerritos domestic violence lawyers are here to offer you options to explore.
You don’t have to face a domestic violence case alone. Our Cerritos criminal defense lawyers handle each case with discretion, urgency, and impartiality, ensuring that you feel heard every step of the way. With over two decades of experience, we know which legal strategy can help impact the outcome of your case.
Discover what this charge could mean for you and how our firm takes legal action to ensure your future and reputation remain protected. Our lawyers provide a free consultation if you need to weigh your options today.
What Qualifies As Domestic Violence in California?
Domestic violence encompasses a range of behaviors and is not limited to a single offense. It serves as an umbrella term for instances where one partner has inflicted harm, attempted to harm, or engaged in harassment towards their current or former partner. According to California Penal Code 273.5, domestic violence may include:
- Stalking
- Physical, emotional, or sexual abuse
- Physical aggression, such as hitting or pushing
- Making threats, displaying threatening behavior, or attempting to cause harm, regardless of whether harm is actually inflicted
- Abandoning the individual in a certain location
- Causing damage to or destroying their belongings
Additionally, domestic violence can extend to the mistreatment of children, although these offenses are distinct and carry more severe consequences than those involving a partner. In cases involving a partner, various charges can be applied, but the two most prevalent are:
- Domestic battery
- Infliction of corporal injury on a spouse or partner
Both of these charges involve the use of violence or force against another individual. Domestic battery can be prosecuted even if no physical harm is sustained (even with minimal contact), whereas corporal injury necessitates that the victim suffered harm as a result of the assault.
For a free legal consultation with a domestic violence lawyer serving Cerritos, call (310) 896-2723
Essential Things to Know if Arrested for Domestic Violence in California
If you are arrested for domestic violence, you may face imprisonment, substantial fines, and the potential requirement to attend court-mandated domestic violence programs, among other penalties. Additionally, domestic violence charges can also impact the following areas:
Child Custody
In custody battles for your children, any allegation of domestic violence can work against you. However, a criminal conviction can significantly worsen the situation. Courts have the authority to take into account a pattern of domestic abuse, and a conviction lends credibility to such a pattern.
The Simmrin Law Group has handled cases in which a partner may falsely claim domestic violence as a tactic to gain control over the children. Our domestic violence attorneys in Cerritos, CA, are prepared to dismantle this accusation on your behalf.
Divorce Settlements
While divorce outcomes in California are not based on fault, spousal support often is. If a higher-earning spouse alleges abuse by the lower-earning spouse and secures a conviction, it may hinder the lower-earning spouse’s eligibility for spousal support, provided that the conviction occurred within five years prior to the divorce.
Cerritos Domestic Violence Lawyer Near Me (310) 896-2723
The Duration of a Domestic Violence Charge on Your Record in California
Regrettably, regardless of whether your conviction was classified as a misdemeanor or a felony, a domestic violence charge will remain on your record indefinitely, as stated by the California Attorney General’s Office.
Nevertheless, there exists a possibility of having your record expunged. According to California Penal Code 1203.5, both misdemeanor and felony cases are eligible for expungement from your record. Expungement does not erase the charge from your record entirely; rather, your record will indicate that you were charged and subsequently had the charge expunged.
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Common Defense Strategies for Domestic Violence Allegations
Several tactics that our domestic violence defense attorneys in Cerritos might employ in your situation include:
- Challenging the validity of the accusation.
- Highlighting insufficient evidence on the prosecutor’s part for a conviction.
- Demonstrating that any harm caused was in self-defense or in defense of your children.
- Showing that any harm inflicted was accidental, such as inadvertently pushing past the individual while attempting to exit a room.
These defense approaches can be remarkably effective when we assist you in examining your case and compiling supporting evidence. Often, simply engaging a seasoned domestic violence attorney can prompt the prosecutor to propose a more favorable resolution. In numerous instances, we may succeed in having the charges dismissed, allowing you to avoid trial altogether.
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Let Our Cerritos Domestic Violence Attorneys Advise You on What to Do if Arrested in California
If arrested for domestic violence, remain calm, assert your right to remain silent, do not resist arrest, and contact our Cerritos domestic violence lawyers immediately. Refrain from discussing the case with anyone without legal counsel from the Simmrin Law Group present.
Call or text (310) 896-2723 or complete a Free Case Evaluation form