Domestic Violence Defense Attorney in Sacramento, CA

sacramento domestic violence defense lawyerFacing allegations of domestic violence can feel scary, overwhelming, fast-paced, and extremely personal. Partnering with a skilled Sacramento domestic violence defense lawyer can truly help your case. California has strict domestic violence defense laws, and even one accusation can affect your home life, career, and future.

Whether you are charged with a misdemeanor or felony offense, it’s important to know your rights and start building your domestic violence defense case early. The more time you take to defend yourself, the more opportunities you’ll have to clear your record and preserve your freedom.

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 and assault, 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. 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 is a dedicated Sacramento criminal defense attorney who has successfully represented many individuals from the point of their arrest through jury trial.

Penalties for Domestic Violence

Penalties for domestic violence charges depend on the specific charge you’re facing, allegations against you, and your criminal history. Misdemeanor domestic violence convictions bring stiff penalties, encompassing a year behind bars at most, hefty fines, required participation in programs such as the 52-week batterer’s intervention, probation, and community service.

Felony convictions can lead to state prison sentences of two, four, or even more than six years. If there are particular circumstances present, like great bodily injury, or if you have prior convictions, you could face additional penalties. You may also receive restraining orders that may affect your housing, visits with your family, and your daily life.

Even if you don’t face severe consequences from the court, there are other consequences you could face throughout your life. Domestic violence convictions show up on background checks, housing applications, and job applications. For this reason, when you are facing domestic violence charges, you should have an attorney on your side who works to reduce your charges and penalties whenever possible.

According to a recent statewide poll conducted on behalf of the Blue Shield of California Foundation, 63% of Californians claim to be impacted by domestic violence, either directly or indirectly through a family member or friend, and 31% identify as survivors. The survey also showed broad backing for state-funded options in domestic violence services, with 84% of respondents indicating support.

Why Hire a Domestic Violence Defense Lawyer

One of the most crucial decisions you can make following your arrest or accusation is deciding to hire a domestic violence defense lawyer to represent you. Domestic violence cases are highly emotional, frequently relying on conflicting narratives and a lack of tangible proof. An experienced Sacramento domestic violence defense attorney knows how to review all the evidence and find holes in the prosecutor’s case while letting you tell your side of the story.

Aggressive defense starts before trial. From the moment domestic violence charges are filed, your lawyer can help amend restraining orders, obtain evidence, interview witnesses, and negotiate with prosecutors to reduce charges and find alternative solutions. If you do not have an attorney representing you, you may be shuffled through a system that was not designed with you in mind.

California domestic violence defense laws can lead to lifetime consequences. Fines and jail time are obvious consequences of a conviction, but did you know that you could lose your right to own firearms or even affect your employment and custody agreements? When you hire an attorney, they can support you and make sure all options for defense are explored throughout your domestic violence case.

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 avoid 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 most beneficial to be honest with your attorney from the very beginning. There is a privilege between an attorney and their client that prohibits the attorney from revealing a client’s 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, 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.

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 can work to secure a favorable resolution for you. If that does not work out, your attorney can discuss your options and the likelihood of succeeding at a 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 a judge alone, although in most cases it is advisable 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 argument. If you have prior domestic violence on your record, the prosecution may be allowed to bring this up at trial, and your defense attorney will file motions to exclude such evidence if it is appropriate to do so.

Your defense attorney can cross-examine all of the prosecution’s witnesses. Once the prosecution rests, the defense can either present 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. If you pick up a new domestic violence case in the future, the prosecution could still use the expunged case against you.

Call Dbouk Law Office

The team at the Dbouk Law Office is familiar with local domestic violence defense laws and the processes of the Sacramento County Superior Court, where many domestic violence cases and restraining orders are handled. Call us today to discuss your case.

For a Free Consultation Call +1 (916) 718-7223

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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