Domestic Violence Overview

California Domestic Violence Lawyer

Domestic violence is any act of violence against any romantic partner, family member of member of the same household.  Domestic violence can be charged against former spouses or ex-girlfriends and it’s a wobbler which means it can be charged as either a felony or misdemeanor depending on how serious the case. 

 Most domestic violence is between romantic partners such as husbands and wives, or boyfriends and girlfriends, but child abuse and child endangerment also falls under the domestic violence category. 

Typical domestic violence crimes include

*  Penal Code section 243(e)(1) – battery without “traumatic condition” – misdemeanor

*  Penal Code section 273.5 – battery with “traumatic condition” – wobbler

*  Penal Code section 422 – deadly threats – wobbler

*  Penal Code sections 236-237 – false imprisonment – wobbler

*  Penal Code section  417 – brandishing a weapon or firearm – wobbler

*  Penal Code section 273.6 – violation of a domestic violence restraining order – wobbler

A “traumatic condition” is any wound, whether internal or external, whether serious or minor.

Domestic Violence Process

A typical domestic violence case starts with a 911 call.  Once the police arrive, someone will be arrested.  Most law enforcement agencies take domestic crimes very seriously and many police officers are trained to always arrest someone on a domestic violence call.  Usually the person who calls 911 and/or the person who is injured is perceived as the victim.  Although most domestic violence defendants are men, women can be arrested for domestic violence as well. 

When a person is arrested, the police will try to force the victim to accept a temporary restraining order.  The temporary restraining order lasts five days and prevents the defendant from having any contact with the victim.  Restraining orders can complicate cases and play havoc on relationships, especially couples who share the same home or who have children together.  You need an attorney who understands how restraining orders work and what can be done to circumvent them.

After a person is arrested for domestic violence, the police prepare a police report that is forwarded to the District Attorney’s office.  A deputy District Attorney from the Domestic Violence unit will review the report and determine whether to file charges and what charges to file.  Almost all District Attorney offices have special domestic violence units that prosecute only domestic violence cases. 

Once a defendant is brought to court, the District Attorney’s office will try to extend the restraining order so that it lasts for the duration of the case, and even longer if the defendant pleads guilty. 

Domestic Violence is Serious

Domestic violence is treated seriously by the District Attorneys of Riverside, Los Angeles and Orange Counties.  Most domestic violence cases are prosecuted even if the victim doesn’t want to press charges.   Having been assigned to the Domestic Violence unit as a Deputy District Attorney, Fred Thiagarajah has special insight into why and how domestic violence cases are prosecuted.

In true cases of domestic violence, there is a cycle of violence.  That means after the initial violence, the abuser starts to be overly nice to the victim and promises that the domestic violence will not happen again.  The victim will not want to press charges for a combination of factors -- they believe their domestic violence abuser, they love their abuser, they fear their abuser, they’re financially dependent on their domestic violence abuser, they don’t want to split apart the family, etc.  However, the cycle of violence usually repeats itself and each time the violence gets worse.  In the worst domestic violence cases, the abuser sometimes kills the victim.

Since most real domestic violence victims will lie about what happened, most District Attorney offices will press charges regardless of what the victim wants because they know that the cycle of violence will continue.  The problem, though, is that there are several domestic violence cases where the so-called “victim” lies or exaggerates to the police about what happened, and then tells the truth later on.  The District Attorney’s office can’t tell the difference between true domestic violence victims and fake domestic violence victims, and so they treat everyone like real domestic violence victims.  This makes it very difficult for an innocent person, who has been wrongfully accused of domestic violence, to clear their name.

Other Consequences

Not only can a domestic violence conviction lead to criminal penalties, but it can also have drastic employment, licensing and immigration consequences.  A crime of domestic violence is considered a crime of moral turpitude.  Having a domestic violence conviction can prevent a person from finding a job or lead to a person being fired from their current job.  Furthermore, many professions that require licensing from a state board, such as doctors, pharmacists, nurses, lawyers, accountants, contractors, teachers, real estate agents and stock brokers, all require background checks.  A professional who has a domestic violence conviction on their record risks losing their professional license, or never acquiring it in the first place.  Perhaps the most severe impact of a domestic violence conviction involves immigration consequences.  Non-citizens who are permanent residents, with green cards, or temporary visitors, with a visa, can be denied admission, denied naturalization or even deported, with a domestic violence conviction on their record.   In fact, domestic violence convictions are considered one of the worst convictions for immigration consequences.

The Right Lawyer

Choosing the right criminal defense lawyer will be the most important decision someone can make when facing a domestic violence charge.  Many people who face domestic violence charges are good people who made a mistake or exercised poor judgment.  There are also some people who have been wrongfully accused of domestic violence, based on a misunderstanding or false evidence.  You need an attorney who will listen to your side of the story carefully, who will evaluate the evidence thoroughly, who will negotiate with the judge and the District Attorney’s office skillfully, and who will fight in trial aggressively.  You need an attorney like Fred Thiagarajah. 

As a former Deputy District Attorney, Fred Thiagarajah has the negotiating skills and trial experience necessary to get the best results for his clients.  Fred Thiagarajah was assigned to the domestic violence unit as a Deputy District Attorney, and for one year, he only prosecuted domestic violence crimes.  He now uses his specialized knowledge of domestic violence cases to get the best possible outcomes for his clients.   For an example of his work, please see his case results and read his client testimonials.  With offices in Newport Beach, Beverly Hills and Riverside, Fred Thiagarajah has criminal defense experience in Orange, Los Angeles and Riverside Counties.

Fred Thiagarajah – The Right Lawyer.  The Right Result.  The Right Choice.

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