Long Beach Domestic Violence Lawyer
Home is supposed to be the place where all Californians can find refuge and unwind at the end of the day, without any judgment involved. However, couples or spouses can sometimes be living in negative situations at home that can quickly escalate. It is not uncommon that these domestic situations can turn verbally or physically violent.
If you have been accused of domestic abuse in Long Beach, you may be wondering how this will impact your future and that of your family. Domestic violence is considered to be a very serious crime in California. It can come with penalties such as time in prison, along with fines and a criminal record.
A Long Beach criminal defense and domestic violence lawyer from Power Trial Lawyers can provide you with strong legal advice. They can also develop appropriate criminal defense strategies to help optimize the outcome of your domestic violence case. Whether you are dealing with issues related to child support, custody rights, or personal injury cases, our domestic violence defense legal team has the diverse experience to help navigate your case.Defining Domestic Violence in Long Beach, California
According to the California Penal Code, domestic violence in the state is considered to be any abuse against an intimate partner. This abuse can occur with either intention or recklessness, and it can be exercised through physical abuse or the threat of physical abuse.Who Can Be Considered a California Domestic Violence Victim?
A victim of domestic violence is considered to be an intimate partner of the defendant. To be classified as an intimate partner in California, the relationship between the defendant and the plaintiff must be one of the following:
- They are currently married or used to be married.
- They are currently engaged or were once engaged to each other.
- They are currently registered together as domestic partners or have been registered together as domestic partners.
- They are currently living together as romantic partners or used to be living together as romantic partners.
- They currently have a child together or have had a child together.
- They are currently dating each other in a serious manner or were seriously dating before.
If you are unsure whether the case against you should be classified as a domestic violence case, it’s important to speak with an experienced California domestic violence lawyer about your situation.How Are Domestic Violence Cases Handled in California?
In California, the managing authority for the prosecution of domestic violence cases is the district attorney’s office. If the DA decides that there is enough evidence behind a domestic violence complaint, then they will press charges. Domestic violence charges can include among other related offenses:
- Child abuse
- Criminal threats
- Aggravated trespass
During an ongoing domestic violence case in Long Beach, the court might decide to put a restraining order, or a no-contact order, on the defendant. Such orders help ensure that the plaintiff is not in immediate threat from the defendant and that no new issues will arise. This can also mean that child custody and visitation terms are temporarily altered.
Court hearings will take place, in which the defendant will have to appear for interrogation, and the case will be considered. If the defendant chooses not to plead guilty, then the case will go to trial. During the trial, all evidence will be examined, and the defendant will have an opportunity to present their defense to convince the jury that they are not guilty.
If it is ruled that the accused committed the domestic violence crime or crimes, then they can face serious penalties. Such penalties can include:
- Having to pay large fines
- Spending time in prison
- Going to counseling
- Doing probation
- Having a criminal record
The amount of time that an individual convicted of a domestic violence-related crime will spend in prison depends on various details of their case, such as the severity of the charges and whether they have a criminal history. A misdemeanor case, such as posting harmful information on the internet, can result in jail time of up to one year.
Many types of domestic abuse, such as child abuse or stalking, can be considered either misdemeanors or felonies. The classification will impact the jail time sentencing. However, it’s important to keep in mind that there is usually always a minimum jail time associated with domestic violence charges, regardless of if they are a misdemeanor or felony.
Corporal injury to a spouse is a type of domestic violence that is always classified as a felony. For felony domestic violence cases, the prison sentence can be for up to 25 years, depending on whether there were aggravating conditions, such as the use or presence of a firearm.
If you are unsure about the potential sentencing that you could be facing, including prison sentencing, an experienced Long Beach domestic violence lawyer can listen to your case. They can use their knowledge of the California Penal Code and their experience to understand the details of your case. That allows them to provide you with an understanding of your charges and their potential implications.What Is the Statute of Limitations for Domestic Violence in California?
Senate Bill 273, which was passed in 2020, made the statute of limitations for domestic violence a length of 5 years. This means that, after an instance of domestic violence occurs, the plaintiff has 5 years from the date of the occurrence to press charges against the abuser.
It’s important to note, however, that cases which are filed later may be more difficult to prove due to the lack of quality evidence against the defendant, such as witness testimony.A Long Beach Criminal Defense and Domestic Violence Defense Attorney Who You Can Rely On
Facing Long Beach domestic violence accusations can be immensely stressful for you and your family. They threaten your reputation as well as your pocketbook. At Power Trial Lawyers, our domestic violence lawyers can provide a comprehensive defense to help you work toward clearing your name and getting back to your normal life. Contact an attorney from our firm today to learn more about how we can assist you with your case.