Have you been accused of domestic violence? These cases can involve allegations of physical harm, emotional abuse, or verbal coercion, among other behaviors. Unfortunately, no matter the specifics, the consequences can be impactful, even before you step into a courtroom.
Unfortunately, many people don’t know what to expect after an arrest or how to protect their rights in the face of such damaging claims. However, at Silver Law Firm, we have over 37 years of combined experience serving as Richmond domestic violence lawyers for people like you.
Together, we have helped more than 10,000 clients in our 30+ years of business. We understand how high the stakes are in domestic violence cases, and we’re here to advocate for you as your Richmond criminal defense lawyer. You don’t have to face this alone.
Defining Domestic Violence Under California Law
In California, domestic violence is defined under California Penal Code Section 13700 as abuse committed against an intimate partner. This includes the following individuals:
- A spouse or former spouse
- A cohabitant or former cohabitant
- Someone with whom the person has a child
- Someone with whom the person has or had a dating or engagement relationship
Abuse can include physical violence, sexual assault, threats, harassment, stalking, or any behavior intended to control or intimidate the victim.
California’s definition of domestic violence emphasizes not just physical harm, but also emotional abuse, threats, or coercive control that instills fear in the victim.
For a free legal consultation with a domestic violence lawyer serving Richmond, call (510) 995-0000
Common Types of Domestic Violence Crimes
There are several types of criminal charges that may be brought in domestic violence cases. Let’s take a look at commonly charged offenses in the Richmond area in particular.
Penal Code 273.5 – Corporal Injury to a Spouse or Cohabitant
This law makes it a felony to inflict a physical injury on an intimate partner that results in a traumatic condition. This term encompasses bruises, broken bones, and internal injuries. A conviction can result in jail or prison time, probation, and mandatory counseling.
Penal Code 243(e)(1) – Domestic Battery
This misdemeanor charge applies when a person uses force or violence against an intimate partner, even if it does not result in any visible injuries. Unlike PC 273.5, this statute focuses on the act of violence rather than the result.
Penal Code 422 – Criminal Threats
Making threats of serious harm or death that place the victim in reasonable fear can lead to a felony charge under PC 422. Even if no physical contact occurs, a credible threat can have serious legal consequences.
Penal Code 646.9 – Stalking
Stalking involves following, harassing, or threatening someone to the point that they fear for their safety. If the victim is an intimate partner, this may be charged as domestic violence and prosecuted accordingly.
Richmond Domestic Violence Lawyer Near Me (510) 995-0000
Protective Orders and Restraining Orders
Protective orders play a crucial role in domestic violence cases in California. These court orders are designed to prevent further harm or harassment by restricting contact between the accused and the alleged victim.
Emergency Protective Orders (EPO)
Law enforcement can request an EPO if they believe someone is in immediate danger. These are short-term orders, though they typically last up to seven days to give the victim adequate time to seek a longer-term solution.
Temporary Restraining Orders (TRO)
TROs are granted by a judge and typically last for 20–25 days. They may be issued after a victim files a request for a Domestic Violence Restraining Order (DVRO). These orders can enforce the following:
- Prohibit contact or communication
- Remove the accused from a shared residence
- Grant temporary custody of children
- Prohibit firearm possession
Domestic Violence Restraining Orders (DVRO)
After a hearing, a judge may issue a DVRO that can last up to five years. Violating a DVRO can result in arrest and additional criminal charges.
Click to contact our Richmond Criminal Defense Lawyers today
Mandatory Arrest and Prosecution Policies
California has adopted a “pro-prosecution” stance on domestic violence. As a result, law enforcement officers who respond to domestic violence calls are required to arrest the primary aggressor if there is probable cause.
Additionally, even if a victim later decides not to pursue charges, the state can continue prosecuting the case. Prosecutors often rely on 911 recordings, witness statements, medical records, and other forms of evidence to build their case, even without the victim’s cooperation.
This policy is based on the understanding that many victims recant due to fear, financial dependence, or emotional ties to the accused. As a result, once charges are filed, the case may proceed regardless of the victim’s wishes.
Complete a Free Case Evaluation form now
Penalties and Sentencing Enhancements
Convictions for domestic violence offenses can carry a wide range of penalties depending on the specific charge, the severity of injuries, and any prior criminal history.
These are common consequences you could be facing:
- Jail or prison time
- Probation or parole
- Mandatory completion of a 52-week batterers’ intervention program
- Loss of gun ownership rights under California and federal law
- Fines and restitution
- Protective orders and loss of custody rights
Repeat offenses or violations involving children, weapons, or serious injuries can lead to sentencing enhancements. In felony cases, individuals may face years in prison. However, as your Richmond domestic violence attorney, we’re here to defend you against your charges.
Reach Out to Our Domestic Violence Law Firm in Richmond Today for More Information
If you or someone you care about is facing the aftermath of domestic violence allegations, know that you don’t have to deal with the consequences all on your own. It’s completely normal to feel overwhelmed—after all, there’s a lot to process emotionally, physically, and legally.
However, you’re not expected to manage everything by yourself. That’s what Richmond domestic violence attorneys are for, and at Silver Law Firm, we’re here to help. Our Richmond domestic violence lawyers are here to stand by your side and protect your rights.
You don’t have to wait to get support. The sooner you reach out to our Richmond domestic violence law firm, the sooner we can look into the details of your circumstances and work toward a favorable outcome on your behalf. Call now.
Call or text (510) 995-0000 or complete a Free Case Evaluation form