Why You Need an Attorney in a Domestic Violence Case, Whether You Are the Accused or The Victim
Most of the time when Oakland domestic violence attorneys discuss domestic violence cases, they do so from the point of view of the alleged abuser. Domestic violence lawyers can help those who have been accused of domestic violence defend against restraining orders and criminal charges. Additionally, however, if you have been the victim of domestic abuse, you might also need an attorney. You need someone who knows California law, will protect your rights and will fight for your best interests. Law enforcement and prosecutors are not necessarily on your side or looking out for you.
No matter your involvement in a domestic violence situation, whether you have been victimized or accused, contact us at Silver Law Firm. We are here to help. Call us today at (510) 995-0000.
Helping Victims of Domestic Violence
If you were hurt in a domestic violence situation, whether it occurred one time or was an on-going situation, an attorney can help you by:
- Protecting you from police abuse or over-reach. If you were a victim of domestic abuse, you should have an attorney present when you speak to the police. Cops are not always trained in how to work with domestic violence victims, particularly those who were sexually assaulted. The line of questioning or attitude an officer takes with you might be inappropriate or traumatizing. An attorney can protect you from improper police questioning.
- Negotiating to have the charges dropped. As a victim of domestic abuse, you may be interested in moving on from the situation as quickly as possible and avoiding a lengthy court process. If your wish is to have the charges against the accused offender dropped, contact us today so that we can make your position clear to the prosecutors who decide whether charges are brought or not.
- Enabling you to avoid testifying. If the prosecutor moves forward with charges whether or not you want them to, your lawyer can help you avoid having to provide testimony. It is important to realize that refusing to offer written or oral testimony does not necessarily mean the case will be dismissed. Prosecutors can push ahead based on other evidence. However, we can help protect you and your family from aggressive prosecutors.
- Filing for a restraining order. If you are still in fear for your safety or your children’s, we can file for a domestic abuse restraining order. Depending on the situation, you can ask for a personal conduct order, which orders the other person to refrain from certain actions, a stay-away order, which orders the other person to remain a certain distance from you and certain locations, and/or a residence exclusion order, which orders the other person to move out from your shared living space.
Helping Those Accused of Domestic Violence
If you have been accused of committing domestic violence on your spouse, significant other, or ex, contact us right away. You need an experienced attorney who will:
- Stop you from incriminating yourself. After you are arrested, anything you do or say can be used against you in court. You might think you are helping yourself by calmly answering police officers’ questions, yet you could be giving them reasons to charge you. You never know how the police or prosecutors might twist your words. A lawyer will protect you during police interrogations.
- Fight for the charges to be dropped. One of the first steps criminal defense attorneys take is to fight for the charges to be dropped. If prosecutors choose to move forward with the charges, we can move to dismiss them based on a lack of evidence or a violation of your rights.
- Develop a strong defense. If the domestic violence case is going to move forward, we will go over the situation with you and explain your options, including negotiating a plea agreement or defending you at trial. We will also candidly discuss the likely outcome of a trial and the potential consequences of a conviction. Whichever route you choose, we will fight for the best possible outcome in your case.
- Defend against a restraining order. A restraining order could force you out of your home and make it difficult to live your ordinary life, particularly if you live or work within 50 or 100 yards of the protected individual. It could also impact your ability to see your children. If your accuser is seeking a restrainer order, call us right away.
California Domestic Violence Penal Codes
- Assault (Penal Code 24)
- Domestic Battery (Penal Code 243(e)(1)
- Bodily Injury to a Spouse or Cohabitant (Penal Code 273.5)
- Criminal Threats (Penal Code 422)
- Stalking (Penal Code 646.9)
- Harassment (Penal Codes 646.9(a))
- Child Endangerment (Penal Code 273a)
- Child Abuse (Penal Code 273d)
- False Imprisonment (Penal Code 236)
Contact Our Oakland Domestic Violence Attorneys Today
Whether you have been accused of domestic violence or victimized, your needs and interests are best served by having experienced legal counsel. The police and prosecutors each have their own goals, and they are not present to help or protect you. To fight for what you need and deserve under the law, you need an attorney.
Visit our Domestic Violence FAQ for additional information.
To learn more about how our attorneys at Silver Law Firm can help you, call us today at (510) 995-0000 and schedule a consultation.