Domestic Violence

Orange County Domestic Violence Attorney

Domestic Violence Lawyer in Orange County

Domestic violence is a highly complex and very emotionally charged matter taken very seriously by Orange County courts that have specialized units in investigating and prosecuting those accused of this crime, and if you’ve recently been arrested for domestic violence in Irvine, Westminster, Newport Beach, Huntington Beach, Santa Ana, Costa Mesa or Fullerton, or anywhere in Orange County, it’s very important you call the Orange County domestic violence attorney specialists at the Law Offices of Michael L. Guisti right now!

By calling our Orange County domestic violence defense attorney experts you’re getting legal experts who have over a decade of successful experience freeing our clients from these serious charges. In particular, as one of Orange County’s most well-respected criminal defense firms, our attorneys are very skilled in defending clients accused of committing acts of domestic violence.

What is Domestic Violence?

It’s very important to understand that domestic violence isn’t just one charge, in fact it can be several different charges, which is why you need an expert Irvine domestic violence lawyer.

Commonly Charged Domestic Violence Charges Include:

Threats of Physical Abuse/Criminal Threats – Penal Code §422

Threats of physical abuse/making criminal threats is when you communicate a threat of serious harm to someone, intending to put the person in fear, and you actually do put the person in sustained fear. It’s very important to understand to be charged with this crime that no physical contact actually took place, only that there was a serious threat of physical violence.

Corporal Abuse – Penal Code §273.5

Corporal abuse makes it illegal to inflict a "corporal injury" resulting in a "traumatic condition." This crime is committed when you physical strike your intimate partner, such as a boyfriend/girlfriend/husband/wife or even long-term roommate, in a violent way and causing a visible injury. It’s very important to understand that even a slight injury invites this charge.

Spousal Rape – Penal Code §262

Covered under both California’s sex crimes law and domestic violence laws marital rape takes place when a man or woman engages in an act of nonconsensual sexual intercourse with his/her spouse, and if convicted of this charge the suspect would have to register as a sex offender for life.

Sexual Battery and Sexual Abuse – Penal Code §243.4

Sexual battery is when a person unlawfully touches another person for the purpose of sexual arousal, sexual gratification, or sexual abuse, and this too is covered under both California’s sex crimes law and domestic violence laws.

Stalking – Penal Code §646.9

The crime of stalking is when you follow or harass another person, and threaten that person with the intent of placing that person in fear for their safety or in fear for the safety of their immediate family

Child Abuse – 273d

Under PC 273d child abuse is the corporal injury or punishment on a child.

Restraining Order – DVRO

A Domestic Violence Restraining Order, or DVRO, is designed to prevent a domestic violence suspect from further causing any problems to the victim by forbidding the suspect to come within a certain distance of, disturb the peace of, harass or make contact (directly or indirectly) on the telephone to the victim.

What if there were No Visible Injuries?

As you’ve read domestic violence charges require some kind of, but, as our Westminster criminal lawyer explains, even if they’re no visible injuries the District Attorney will likely file charges under PC 243(e)(1), a less serious domestic violence charge that doesn’t require a visible injury, which is why you still need to retain a professional Orange County defense attorney if you find yourself in this position.

Defending the Charge Against You

As our Fullerton domestic violence defense attorneys say, if you’re being accused of domestic violence you have many defense options. A professional Orange County domestic violence attorney will prepare a successful self-defense case for you and make sure the court hears your side of the story.

Also just as important, as we’ve explained you could be facing several different charges, but an expert defense lawyer will work on your behalf to get those charges reduced into one single charge or dismissed altogether.

Restraining Order

If you’ve been involved in a domestic violence situation chances are an Emergency Protective Order or DVRO has been issued against you to stay away from the person and possibly children.

Our Irvine domestic violence attorney expert stresses if an order has been issued against you it’s very important not to violate that order, because you could face more problems, and that is why it’s very important to have an attorney by your side who can challenge the DVRO.

If Convicted

Domestic violence is a “wobbler,” which means if convicted of PC 273.5 your punishment depends if the charge was filed as a misdemeanor or a felony.

Whether it’s filed as a misdemeanor or felony depends on the circumstances of the case and your criminal history.

If Convicted of Misdemeanor Domestic Violence

If convicted of misdemeanor PC 273.5 you could face one or more of the following: minimum three-years of informal probation; up to a one year sentence in Orange County jail, up to $6,000 in fines or payments to a battered women’s shelter not to exceed $5,000 and/or reimbursement to the alleged victim for any medical and/or counseling services he/she reasonably incurred as a result of the offense; a restraining order that prohibits you from having any contact with the alleged victim for up to ten years; successful completion of one year’s worth of batterer’s classes meeting for at least two hours on a weekly basis; completion of a community service program.

If Convicted of Felony Domestic Violence

If convicted of felony PC 273.5 you face one or more of the following punishments: formal probation; between two and four years in a California State Prison; an additional and consecutive three to five year prison sentence if the alleged victim or anyone other than yourself sustained a great bodily injury; a possible "strike" on your record under California’s Three Strikes Law; and any or all of the probation requirements listed above under the misdemeanor section.

Get Help Now!

Look, we understand you’re facing serious charges and this may be embarrassing, but it’s very important you call the Orange County domestic violence attorney experts at the Law Offices of Michael L. Guisti right away at 888-478-8999.

Our legal team has over a decade of successfully defending our clients in against even the toughest charges of domestic violence in the courts of Orange County, Los Angeles, San Bernardino, Riverside and San Diego.

From the moment you first meet with us our goal is to get you back on with your life, which is why our client’s charges of domestic violence are either dismissed, reduced or found not guilty in the courts. Furthermore we see to it that you can see your children and have access to your property.

For a free confidential consultation, and for further information regarding how our Southern California Criminal Defense and Orange County domestic violence attorney can put our many years of criminal law experience to work for you, call us at (888) 478-8999 or visit one of our Orange County offices.

Please, don't go at this alone. Give us a call so we can give you expert legal advice you deserve.