DV Defense Attorney

Domestic violence charges can either be a misdemeanor or a felony depending on the severity of the alleged conduct and whether there are injuries. The two most common domestic violence related charges are a violation of Penal Code § 243(e)(1) which can only be charged as a misdemeanor and a violation of Penal Code § 273.5 which can be a misdemeanor or a felony. Other charges such as criminal threats, assault or the like can be domestic violence related if the conduct was directed towards a [former] spouse/[former] cohabitant/the (mother/ father) of your child or someone with whom you had an engagement or dating relationship with. A conviction for domestic violence can have long lasting ramifications, including your right to own or possess a firearm even if the conviction is for a misdemeanor.

Any time someone is charged in court with a violation of a domestic violence law, a restraining order must be issued by the court. The court is required to do this even if the alleged victim does not want it. That means that you could be forced to stay away from your spouse and your kids and forced to find a new place to live while the case is pending in court. It is important to have an attorney with you at your first appearance in court to help minimize the effects of such an order. Often, if the court is given the right information up front, the judge will not require the person charged to stay away from their family and home, but instead will limit the order to requiring “peaceful contact” with the other members of the household. If you are arrested or charged with domestic violence it is important that you contact an experienced domestic violence attorney immediately. Ibraham Dbouk has successfully represented many individuals charged with domestic violence from the point of their arrest through jury trial.

Award Winning Legal Representation with a Proven Record of Success

Whenever you are arrested or charged with a crime, it is important to have an attorney sit down with you as soon as possible. Ibraham Dbouk has extensive experience helping defendants from serving an unnecessary length of jail time, immense fines, and an unjust verdict. Contact the Dbouk Law Office today for a free case evaluation!

Attorney-Client Privilege

It is always best to be honest with your attorney from the very beginning. There is a privilege between an attorney and their client which prohibits the attorney from revealing a clients’ communication to anybody else. This privilege is there to encourage trust and openness between the attorney and the client. This will help the attorney better represent the client. It is important that your attorney knows the good, bad and ugly about what happened so they can adequately defend you. Remember, your attorney is there to defend you to the best of their ability regardless of what happened.

What happens if you are charged with DV in CA?

After an arrest you must attend an arraignment where you appear in court and the Judge reads you your charges. In most counties you will enter a plea of not guilty at arraignment, although a plea may not always be entered. You will almost certainly be served with a restraining order of some sort. If the alleged victim is seeking a no contact order, the court will likely grant the request and order you to have no contact with the alleged victim. However, your attorney can make arguments to modify the type of order to a “peaceful” contact order which will allow you to have contact with the alleged victim so long as it is peaceful. Your attorney will work to secure you a favorable resolution. If that does not work out, your attorney will discuss your options and likelihood of succeeding at jury trial.

What happens if a Domestic Violence case goes to trial?

A trial date will be set if the prosecution and the defense attorney cannot reach a plea agreement after good faith efforts have been made, or if the defendant simply is not interested in a plea agreement. As a defendant, you have the right to a trial by jury or by judge alone, although in a majority of cases it is encouraged to invoke your right to trial by jury. At trial, you are presumed to be innocent and the prosecution must prove your guilt beyond a reasonable doubt. They will seek to do this through witness testimony, introducing exhibits and via argument. If you have prior domestic violence on your record, the prosecution may be allowed to bring this up at trial, however your defense attorney will file motions to exclude such evidence if it is appropriate to do so. Your defense attorney will cross examine all of the prosecution’s witnesses. Once the prosecution rests, the defense can choose to put on evidence, or simply argue that the prosecution has failed to prove the case beyond a reasonable doubt. At the end, both sides make closing arguments and the case goes to the jury to deliberate.

What is the sentencing for Domestic Violence offenses in California?

A Domestic Violence conviction in California could involve fines, counseling, probation, community service or imprisonment. For a case of spousal abuse, under the CA Penal Code 273.5, the penalties for a Misdemeanor Domestic Violence conviction can include a fine as high as $6,000 and/or a punishment in county jail for not more than one year. A Felony Domestic Violence conviction has the potential of 2 to 6 years in state prison, and longer sentences for those who have a prior conviction on record.

Does a restraining order show up on your record in California?

Generally speaking, restraining orders are public record in California and cannot be expunged or sealed. Most restraining orders are “CLETS Orders”. This means they are entered into the California criminal database, known as CLETS, “California Law Enforcement Telecommunications System”. The maximum length of a restraining order in California is five years.

Can you expunge a domestic violence conviction?

Domestic Violence cases usually involve a three year probation term, fines and fees, restitution, and a 52 week anger management class. These cases can be expunged, and many felony cases can be reduced to a misdemeanor and then expunged so long as you have successfully completed the terms of your probation. If the court expunges your conviction, you may not need to report it on most job applications, however if you pick up a new domestic violence case in the future, the prosecution could still use the expunged case against you.

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During the free consultation Ibraham Dbouk will review the facts of your case, he’ll discuss strategies,
likely outcomes, and he will answer any questions that you have.

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