Are you currently facing charges for domestic violence? The state of California takes domestic violence crimes seriously and will not hesitate to punish offenders. If you have been arrested for violence against a household member, you must secure legal representation immediately.
Fathers, in particular, face difficulty in domestic violence cases due to social factors as well as the structure and function of family courts.
A Corona fathers’ rights lawyer can defend fathers against domestic violence charges and help them navigate family issues that domestic violence accusations can cause.
The team at Reel Fathers Rights has over 300 years of combined experience in family court and related venues. We work to ensure that fathers have the resources and support to effectively navigate their legal issues. Contact our offices online or call today to discuss your case with a domestic violence lawyer in Corona.
California’s Domestic Violence Laws
California Penal Code 13700 defines domestic violence as abuse or threats against a person who is a spouse, former spouse, household member, or former/current romantic partner.
This definition of domestic violence encompasses several types of criminal offenses committed against those sharing a domestic relationship:
- Assault with a weapon
- Battery or infliction of injury
- Stalking and harassment
- Intimidation and verbal threats
- Displays of aggression or force
- Violating a restraining order
Domestic violence charges can result from a single incident or a pattern of behavior. Importantly, no actual physical harm or contact has to occur for a behavior to be considered domestic violence in California.
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What Are the Penalties for Domestic Violence in Corona?
Domestic violence is a “wobbler” offense, meaning that it can be charged as a misdemeanor or felony. The gravity of the charge depends on the nature of the underlying criminal act. For instance, domestic battery without causing injury can be charged as a misdemeanor offense and carry up to one year in prison.
Alternatively, domestic violence causing serious bodily injury can be charged as a felony, which may carry between two and four years in a state prison. Offenders may also be subject to probation and mandatory domestic violence counseling.
During proceedings, you may also be subject to a temporary restraining order. Under a restraining order, you will be unable to contact the accuser or be within physical proximity to them. If a temporary restraining order is filed, there will be a hearing for a permanent restraining order.
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How Domestic Violence Proceedings Can Impact Child Custody Decisions
In addition to criminal penalties, domestic violence can impact child custody decisions during divorce. Domestic violence is one of several factors that California family law requires judges to consider when making custody decisions.
More specifically, if a parent has committed domestic violence within the past five years, family courts will presume that granting sole or joint custody to that parent would be detrimental to the child’s best interests. This could result in the perpetrator losing custody or visitation rights.
This presumption is rebuttable, and courts can consider various factors when determining custody:
- Whether the offender completed a domestic battery course
- The perpetrator is complying with or has complied with the terms of their probation or parole
- The offender’s conduct during custody proceedings
- Whether the perpetrator owns a firearm
A child custody lawyer for fathers in Corona can answer any questions you have regarding how domestic violence allegations can impact custody decisions.
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Defenses to Domestic Violence Accusations
Even allegations of domestic violence can throw your life into chaos, not to mention the impacts of a conviction.
There are several strategies that a Corona domestic violence lawyer can use to defend you from charges:
- No violence. Domestic partners have arguments and sometimes get into conflict without it escalating to the level of domestic violence. A lawyer could argue that any alleged behavior doesn’t meet the standard for abuse.
- False allegations. False allegations of domestic violence are a possible occurrence, whether due to a mistake or out of malice. A lawyer can combat false allegations by providing an alibi and questioning the accuser’s credibility.
- Self–defense. It’s possible that you only committed violence to defend yourself or someone else from an unprovoked attack. With self-defense, you must show that you reasonably believed you were in danger of immediate injury.
- Accidental injury. An injury could be unintentional and arise in the context of a heated argument, such as raising one’s arms or grabbing something from someone else’s hands.
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How a Domestic Violence Lawyer in Corona May Help You
Domestic violence is largely a gendered issue, which unfortunately means that courts and juries can be biased against fathers who are facing allegations. A father’s rights lawyer can ensure that men receive a fair hearing from family courts and have their interests fairly represented.
More specifically, an attorney from Reel Fathers Rights can:
- Help you understand the charges against you and California’s domestic violence laws
- Represent you during pre-trial hearings and during trial
- Question and cross-examine witnesses
- Challenge the strength of the prosecution’s evidence
- Assist you in navigating related custody issues
We can use our skills and experience to level the playing field and help protect your rights, reputation, and well-being. Send our firm a message today or reach out by phone to schedule a case consultation with a domestic violence lawyer in Corona.
Call or text 951-339-3826 or complete a Case Evaluation form
