Are you facing criminal charges regarding a domestic violence situation? These circumstances can be extremely difficult to figure out, especially when there are many factors at play. Plus, when you’re in the middle of everything, you might not know which steps to take next.
However, we want you to know that you’re not alone. You can trust a Walnut Creek domestic violence lawyer to represent you throughout every step of the legal process. At Silver Law Firm, we have more than 37 years of combined experience.
In our 30+ years of business, we have helped over 10,000 people in situations just like yours. Let us advocate for your rights, your freedom, and your peace of mind as your Walnut Creek criminal defense lawyer. We’re here for you.
Defining Domestic Violence in California
Domestic violence in California is a serious criminal offense that encompasses a broad range of abusive behavior committed against a current or former intimate partner.
Under California Penal Code Section 13700, domestic violence is defined as abuse perpetrated against any of the following parties:
- A spouse
- A cohabitant
- A fiancé(e)
- A co-parent
- Someone the accused has dated
- Someone the accused had an intimate relationship with
Abuse is not limited to physical harm—it also includes threats, harassment, stalking, destruction of property, and any conduct that seeks to control, intimidate, or coerce another person.
The main element in any domestic violence case is the relationship between the accused and the alleged victim. If a qualifying domestic relationship exists, even conduct that might otherwise be charged as a simple assault or battery can be elevated to a domestic violence offense.
For a free legal consultation with a domestic violence lawyer serving Walnut Creek, call (510) 995-0000
Common Charges in Domestic Violence Cases
Several California statutes are commonly used to prosecute domestic violence offenses, each carrying unique legal consequences depending on the circumstances of the case.
Penal Code 273.5 – Infliction of Corporal Injury
This law makes it a felony to willfully inflict physical injury on an intimate partner when it results in a traumatic condition, such as bruises, cuts, or internal injuries.
Prosecutors may charge this as a felony or misdemeanor, depending on the severity of the injuries and the defendant’s criminal history.
Penal Code 243(e)(1) – Domestic Battery
Under this statute, it is a misdemeanor to use force or violence against an intimate partner, regardless of whether the victim suffers a visible injury. This is a very common domestic violence offense in California.
Penal Code 422 – Criminal Threats
Making a credible threat of serious harm or death to another person with the intent to place them in reasonable fear can result in felony charges. This applies even if no physical contact occurs as long as the threat is specific and sustained.
Penal Code 646.9 – Stalking
Stalking laws apply when someone willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat intended to place that person in fear. When stalking occurs within a domestic relationship, it is often charged as a domestic violence offense.
Walnut Creek Domestic Violence Lawyer Near Me (510) 995-0000
Protective Orders and Their Legal Impact
California courts may issue various forms of protective orders to safeguard victims and prevent further abuse. These orders are legally enforceable and can significantly affect the accused’s rights and freedoms.
Emergency Protective Order (EPO)
Law enforcement can request an EPO if they believe someone is in immediate danger of domestic violence. These orders are temporary. They typically only last between five and seven days, though it’s intended to give the victim time to seek a longer restraining order.
Temporary Restraining Order (TRO)
TROs are issued by a judge based on a victim’s request, and they tend to remain in effect for about three weeks until the court hearing. TROs can include restrictions on contact, residence, and communication. They may also address custody and visitation if children are involved.
Domestic Violence Restraining Order (DVRO)
If a judge determines at the hearing that continued protection is necessary, they may issue a DVRO lasting up to five years.
A DVRO can prohibit the restrained person from possessing firearms, order them to attend batterer intervention programs, and mandate child custody arrangements.
Violating any type of protective order is a criminal offense in itself and can result in jail time, fines, and additional legal penalties.
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Prosecution Even Without Victim Cooperation
In California, domestic violence cases often proceed even when the victim recants or refuses to testify. Prosecutors can rely on other forms of evidence, including:
- 911 recordings
- Medical records
- Witness statements
- Photographs of injuries
- Text messages or social media messages
- Statements made to police officers at the scene
This approach aims to hold people accountable while recognizing that many victims may be afraid, ashamed, or financially dependent on the accused, which may deter them from participating in the case.
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Civil Remedies for Domestic Violence Victims
In addition to criminal prosecution, victims of domestic violence in California may pursue civil remedies. These are a few examples of civil remedies that may be on the table for domestic violence victims:
- Civil restraining orders
- Monetary damages for medical bills, pain and suffering, or lost wages
- Property restitution
Civil actions are separate from criminal proceedings. They can proceed even if the accused is not convicted. In some cases, civil lawsuits may provide broader relief than the criminal justice system, particularly when the victim seeks compensation or injunctive relief.
Domestic violence cases are complicated, and they often deal with serious consequences for everyone involved. Whether addressed through criminal court, family court, or civil litigation, the law in California is designed to:
- Protect victims
- Hold offenders accountable
- Promote safety and justice for all parties
However, that doesn’t mean you do not have legal rights as the accused party in a domestic violence case. Reach out to our domestic violence lawyers in Walnut Creek as soon as possible to learn more about your options and how we can help you.
Reach Out to Our Domestic Violence Law Firm in Walnut Creek Today for More Information
If you or someone you care about is dealing with allegations following a domestic violence incident, know that you don’t have to go through it alone. These situations can be confusing and overwhelming—not to mention emotionally charged—but we’re here for you.
It’s normal to feel uncertain about what comes next, especially if you’re unfamiliar with the justice system. However, no one expects you to handle everything by yourself. That’s where the Walnut Creek domestic violence attorneys at Silver Law Firm come into the picture.
We are prepared to stand beside you, fight for your freedom, and support you as you fight the charges against you. You don’t have to wait to take the next step. The sooner you reach out to our Walnut Creek domestic violence law firm, the sooner we can start building your defense.
Call or text (510) 995-0000 or complete a Free Case Evaluation form