Placer County Criminal
Defense Attorneys
Domestic Violence Charges &
FAQ's
Charged with a domestic abuse offense? The Phillips Law Office
has years of successfully defending domestic violence
allegations and can help. Unfortunately, innocent people get
wrongly accused of domestic violence all the time. Often times
the accuser will make a false allegation of domestic violence to
gain the upper hand in custody or divorce proceedings or out of
anger and jealously. To make matters worse, police policy is to
always arrest someone when they are dispatched to a call of
domestic violence (and its almost never the person who calls
911 first) Often times, the person being arrested acted in self
defense during 'mutual combat' of fight. The key to successful
defense in these situations is to act pro actively before charges
are filed. A complete investigation of the facts to present your
side of the story to the prosecutor may convince them not to
pursue a criminal case at all.
The following are some California laws regarding Domestic
Violence and abuse:
California Penal Code Section 243 (e) (1) states that the
penalty for battery against an ex-spouse, boyfriend, girlfriend,
co-habitating partner, parent of shared child, or fiancé is a jail
term and/ or a $2000 fine.
California Penal Code Section 422 states that any person who
orally, in writing, or electronically threatens another person
with physical injury or death shall serve up to one year's time
in jail or prison.
California Penal Code Section 653m (a) states that any person
who makes threatening or obscene telephone calls is guilty of
committing a misdemeanor.
California Penal Code Section 273.5 (a) states that any person
who "willfully" injures their current or ex-spouse, boyfriend,
girlfriend, parent of shared child, or fiancé is guilty of a Felony
and will serve a sentence in jail or prison and/or pay a fine.
California Penal Code Section 11165.3 states that punishing a
child in a cruel manner causing the child to experience pain and
suffering; or allowing the child to be placed in a dangerous
situation is child abuse.
If you have been charged with domestic violence in Placer
County or the greater Sacramento Region you need to seek the
representation of an experienced domestic violence attorney.
FAQ'S
Frequently asked questions about Domestic Violence:
What is Domestic Violence?
Domestic violence includes spousal abuse (husband or wife
abuse), intimate partner abuse (boyfriend or girlfriend), abuse of
persons who live together (elder abuse), and abuse of the other
parent of a shared child.
What are some acts that qualify as Domestic Violence in
California?
There are many acts that constitute Domestic Violence in
California, including but not limited to: physical abuse, marital
rape, assault, hitting, threatening, battery, biting, sexual abuse,
chocking, slapping, punching, and victim intimidation. Other forms
of domestic violence which may not be criminal include verbal
abuse, emotional abuse, and financial abuse.
What is an emergency protective order?
An emergency protective order is used to keep the alleged victim
of domestic abuse safe from harm. A domestic violence victim may
be granted an emergency protective order against the alleged
abuse. In this situation the alleged abuser may be forced to leave
the home for the length of the order.
What are the consequences of a Domestic Violence conviction?
Depending upon the specifics of the case, a domestic violence
conviction can result in either a misdemeanor of felony charge. The
resulting consequences may include jail time, prison time,
probation, fines, anger management courses, and counseling.
How does a Domestic Violence charge affect visitation with my
child?
If you have been charged with domestic violence in Los Angeles
against the parent of your shared child, you may need to seek
mediation to come to an agreeable arrangement regarding your
child visitation. New child visitation rules may apply and your
typical child care schedule and freedoms may be taken away. You
may be forced to only see your child or children in supervised
visitation.
What is supervised visitation?
Supervised visitation is when a parent may only see their child in
the presence of another adult who will supervise their interactions
at all times. This type of visitation is decided upon with the child's
best interest in mind. In certain circumstances you may go to a
facility that is used for supervised visitations and other times an
adult may accompany you and your child during your activities.
What is child abuse (mistreatment)?
Child abuse (maltreatment) encompasses a variety of dangerous
acts that may harm or have the potential to harm a child under the
age of 18, such as physical abuse, emotional abuse, sexual abuse,
neglect, and sexual exploitation.
California child abuse (maltreatment) statistics
In 2002, over 17% of all children in California between the ages of
0 and 3 were the victims of child maltreatment; and over 15% of
children between the ages of 4 and 7 were maltreated.
What is considered bodily injury?
Bodily injury is any harm to a person that results in permanent or
temporary physical pain, including but not limited to cuts, burns,
life threatening injuries, and disfigurement.
Can a police officer arrest me without a warrant?
Yes. If you are not arrested following the alleged Domestic
Violence or child abuse occurrence the police may arrest you at
another time without a warrant if they have probable cause. A
detective may gather more evidence about the alleged domestic
abuse incident and interview witnesses. Or, the District Attorney
may choose to file charges and the judge can issue a warrant for
your arrest.
Contact Us for a Free Confidential Consultation
If you want to find out how you can be helped, I will be glad to
talk with you. It costs nothing to speak to our office. You will find
our staff incredibly knowledgeable, friendly and willing to help. I
am confident that you'll be impressed with my firm and what we
may be able to do for you. Please feel to call my office toll free at
1-800-978-0186 to schedule a confidential no charge
consultation or if you prefer, e-mail me directly from the contact
page
Defense Attorneys
Domestic Violence Charges &
FAQ's
Charged with a domestic abuse offense? The Phillips Law Office
has years of successfully defending domestic violence
allegations and can help. Unfortunately, innocent people get
wrongly accused of domestic violence all the time. Often times
the accuser will make a false allegation of domestic violence to
gain the upper hand in custody or divorce proceedings or out of
anger and jealously. To make matters worse, police policy is to
always arrest someone when they are dispatched to a call of
domestic violence (and its almost never the person who calls
911 first) Often times, the person being arrested acted in self
defense during 'mutual combat' of fight. The key to successful
defense in these situations is to act pro actively before charges
are filed. A complete investigation of the facts to present your
side of the story to the prosecutor may convince them not to
pursue a criminal case at all.
The following are some California laws regarding Domestic
Violence and abuse:
California Penal Code Section 243 (e) (1) states that the
penalty for battery against an ex-spouse, boyfriend, girlfriend,
co-habitating partner, parent of shared child, or fiancé is a jail
term and/ or a $2000 fine.
California Penal Code Section 422 states that any person who
orally, in writing, or electronically threatens another person
with physical injury or death shall serve up to one year's time
in jail or prison.
California Penal Code Section 653m (a) states that any person
who makes threatening or obscene telephone calls is guilty of
committing a misdemeanor.
California Penal Code Section 273.5 (a) states that any person
who "willfully" injures their current or ex-spouse, boyfriend,
girlfriend, parent of shared child, or fiancé is guilty of a Felony
and will serve a sentence in jail or prison and/or pay a fine.
California Penal Code Section 11165.3 states that punishing a
child in a cruel manner causing the child to experience pain and
suffering; or allowing the child to be placed in a dangerous
situation is child abuse.
If you have been charged with domestic violence in Placer
County or the greater Sacramento Region you need to seek the
representation of an experienced domestic violence attorney.
FAQ'S
Frequently asked questions about Domestic Violence:
What is Domestic Violence?
Domestic violence includes spousal abuse (husband or wife
abuse), intimate partner abuse (boyfriend or girlfriend), abuse of
persons who live together (elder abuse), and abuse of the other
parent of a shared child.
What are some acts that qualify as Domestic Violence in
California?
There are many acts that constitute Domestic Violence in
California, including but not limited to: physical abuse, marital
rape, assault, hitting, threatening, battery, biting, sexual abuse,
chocking, slapping, punching, and victim intimidation. Other forms
of domestic violence which may not be criminal include verbal
abuse, emotional abuse, and financial abuse.
What is an emergency protective order?
An emergency protective order is used to keep the alleged victim
of domestic abuse safe from harm. A domestic violence victim may
be granted an emergency protective order against the alleged
abuse. In this situation the alleged abuser may be forced to leave
the home for the length of the order.
What are the consequences of a Domestic Violence conviction?
Depending upon the specifics of the case, a domestic violence
conviction can result in either a misdemeanor of felony charge. The
resulting consequences may include jail time, prison time,
probation, fines, anger management courses, and counseling.
How does a Domestic Violence charge affect visitation with my
child?
If you have been charged with domestic violence in Los Angeles
against the parent of your shared child, you may need to seek
mediation to come to an agreeable arrangement regarding your
child visitation. New child visitation rules may apply and your
typical child care schedule and freedoms may be taken away. You
may be forced to only see your child or children in supervised
visitation.
What is supervised visitation?
Supervised visitation is when a parent may only see their child in
the presence of another adult who will supervise their interactions
at all times. This type of visitation is decided upon with the child's
best interest in mind. In certain circumstances you may go to a
facility that is used for supervised visitations and other times an
adult may accompany you and your child during your activities.
What is child abuse (mistreatment)?
Child abuse (maltreatment) encompasses a variety of dangerous
acts that may harm or have the potential to harm a child under the
age of 18, such as physical abuse, emotional abuse, sexual abuse,
neglect, and sexual exploitation.
California child abuse (maltreatment) statistics
In 2002, over 17% of all children in California between the ages of
0 and 3 were the victims of child maltreatment; and over 15% of
children between the ages of 4 and 7 were maltreated.
What is considered bodily injury?
Bodily injury is any harm to a person that results in permanent or
temporary physical pain, including but not limited to cuts, burns,
life threatening injuries, and disfigurement.
Can a police officer arrest me without a warrant?
Yes. If you are not arrested following the alleged Domestic
Violence or child abuse occurrence the police may arrest you at
another time without a warrant if they have probable cause. A
detective may gather more evidence about the alleged domestic
abuse incident and interview witnesses. Or, the District Attorney
may choose to file charges and the judge can issue a warrant for
your arrest.
Contact Us for a Free Confidential Consultation
If you want to find out how you can be helped, I will be glad to
talk with you. It costs nothing to speak to our office. You will find
our staff incredibly knowledgeable, friendly and willing to help. I
am confident that you'll be impressed with my firm and what we
may be able to do for you. Please feel to call my office toll free at
1-800-978-0186 to schedule a confidential no charge
consultation or if you prefer, e-mail me directly from the contact
page
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Phillips Law Offices...
You're Not Alone,We Stand Strong with Our Clients
In the Pursuit of Justice.
You're Not Alone,We Stand Strong with Our Clients
In the Pursuit of Justice.