Domestic Violence Child Abuse
"I'm The Attorney Who Will Be In Court For You With You"
In California you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested.
In a domestic violence case the policy of the District Attorney's office is to insist on a criminal Protective Order.
What is Criminal Protective Order: Section 13700 or in Section 6211 of the Family Code
-When the defendant is charged with a crime involving domestic violence, the court will consider issuing a protective order upon a good cause belief that harm, intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, (Section 13700 or in Section 6211 of the Family Code.)
-When Criminal Protective Order is Issued, the defendant can not own, possess, purchase, receive, or attempt to purchase or receive, a firearm.
-The defendant must relinquish any firearms that he or she owns or possesses pursuant to Section 527.9 of the Code of Civil Procedure.
-While this protective order is in effect, every person who owns, possesses, purchases, or receives, or attempts to purchase or receive, a firearm is punishable pursuant to Section 29825.
Accusation as harsh as abuse and violence are sadly true in some instances, however sometimes they are simply false accusations, or result of being under alcohol or drug influence, prescription or street drugs; however the Criminal Justice System, the local Police Department will take these charges, true or false, extremely seriously and pursue it with full force.
WHAT IF THE VICTIM WANTS TO DROP CHARGES?
In California, you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested. In some cases, especially with Spousal Abuse, it is very difficult for the victim to drop charges of domestic violence and/or child abuse.
Many times, child is removed from the parents due to one or the other parent arguing with another adult, such as, third party family member or stranger, in the presence of the child. One of my cases, neighbors complained of suspected domestic disturbance sounds, first thing authorities did at arrival is to remove the children from their home, they were taken from 3 meals a day, caring attentive parents and put in neglected foster homes, far away from the private schools they attended, setting them back academically. It took months but I was able to set the record right and return the children home.
One can not escape restraining order and domestic violence accusations-charges by changing states, it will follow around the country.
True or false, whatever the leading cause of the accusation or the removal of the child from your home is, you do need the lawyer who will hold your rights above anything and fight for you.
The hatred and desire to hurt the ex continues post divorce/breakup for years to come and may lead to angry exchanges, even threats, this will violate Penal Code Section 422(a) of the California Penal Code, a crime of moral turpitude.
-April 29, 2019, my client returns home today, the Criminal Protective Order has been lifted. while attending the required 52 weeks of Domestic Violence Classes and months before completing it.
Most Individuals facing domestic disturbance accusation, must, most of the time, complete the standard required 52 weeks of Domestic Violence Classes. This is an example of a Certificate of Completion.
-March 11, 2019, Client is foreign medical school graduate passed all required examinations required In the USA to be admitted to his residency. Had too much to drink and got into an argument with his wife. A neighbor called the police. When they arrived, the wife told the police she didn't want a restraining order nor wanted her husband arrested. Police arrested him anyway. He was released on bail. Few months later the Judge issued Criminal Protective Order and he had to move out. A conviction for domestic violence would mean that he would never practice medicine. I was able to convince the DA to put over sentencing for a year during which time my client must complete 52 weeks of domestic violence counseling and go to AA meeting twice a week. The case would then be dismissed and there would be no record of a conviction. Collateral consequences mean that the accused will suffer a consequence disproportionate to the offense. Losing the ability to practice medicine is a consequence that the law never intended for the crime of domestic violence.
- June 2016. My client is a career educator for a local public school system. He was charged with Criminal Threats in violation of Penal Code Section 422(a) of the California Penal Code. This offense is classified as a crime of moral turpitude a conviction for which would have resulted in the loss of his teaching credential. I was able to successfully convince the District Attorney that the collateral consequence would have resulted in a disproportionate punishment. The disposition is informal diversion with 52 weeks of counseling. If there are no further violations in one year the case will be dismissed.
I have defended so many accused of similar charges with very satisfactory outcome.
I have special expertise in child abuse and domestic violence cases, for several years, Because I was former member of the Los Angeles Superior Court Dependency, Court Attorney Panel, I successfully represented and defended clients charged and/or accused of child abuse and domestic violence at the Edmund D. Edelman Children's Court, it's a sad place, where all have preset emotions and see everyone who is a defendant through the same periscope "guilty"! Some are, but most of the time couples use accusations to gain custody of their kids, hence they start a prolonged and costly court proceedings that eventually harm the children.
I will be able to help you. Call for an appointment today.