California Spousal Abuse Charges Cost More Than You Know
If you are facing domestic violence charges, it is important to take them seriously and understand the severity of the charges against you. A conviction for domestic violence can impact your life in ways you may not have considered.

April 03, 2009 /24-7PressRelease/ -- Article provided by Hinkle, Jachimowicz, Pointer & Emanuel. Please visit our Web site at http://www.hjpelaw.com/.

If you are facing domestic violence charges, it is important to take them seriously and understand the severity of the charges against you. A conviction for domestic violence can impact your life in ways you may not have considered.

California has aggressive domestic violence laws. You do not even have to lay a hand on the other person in order to be arrested for domestic violence. You can be arrested if the police have "probable cause" to believe that you committed abuse (usually an assault or battery, disconnecting a phone, etc.) against your spouse, former spouse, current or former co-habitant, someone you have a child with (co-parent) or someone you currently or formally dated or were engaged to.

The system is biased against those accused of committing these crimes. Even if you are not guilty of domestic violence, from the moment the call is made to the police, you will be viewed as a criminal. Police officers who do not make an arrest when there is even minimal evidence, even without a scratch, of domestic violence are faced with the prospect of being charged with a misdemeanor for their inaction - a heavy incentive for the police to make an arrest following a domestic violence call. Once arrested, you will have to post bail in the amount of $10,000, $25,000 or more.

Dropping Charges May Not Be an Option

Once you have been arrested for domestic violence, you have no control over the charges that will be brought against you. The person who accused you of domestic violence - whether in the heat of the moment or, as a way to gain power over you - usually cannot have the charges dropped once they have been made. Even if the person falsely accused you.

After the arrest, your case is turned over to a District Attorney Domestic Violence Unit, which is made up of prosecutors who only handle domestic violence cases. It is solely within the prosecutor's power to determine what charges to bring against you, if any. While the prosecutor will sometimes speak with the accuser to learn more about what happened, the prosecutor is not under any obligation to drop charges because the accuser has changed his or her mind.

In California, domestic violence can result in misdemeanor or felony charges. Many elements can determine the charges that ultimately will be brought, including the presence and severity of physical abuse and whether you have been charged or just accused with domestic violence in the past. Sometimes an early call from your lawyer to the prosecutor will help in reducing the charge or even have it dismissed before court.

You Face Severe Penalties for a Domestic Violence Arrest

The costs of a domestic violence arrest can be staggering. The person accused of abuse will have to pay a bond in order to be allowed to leave jail following an arrest. He or she also will be responsible for court fees and attorney costs. Other penalties may include:

• Fines and fees from several hundred to several thousand dollars

• State prison in some felony situations

• Confinement in county jail up to 1 year

• Attend a one year batterer's or anger management program mandated by the State
of California (which can cost more than $1,000.00)

• Make payments to a women's shelter

• Reimbursing the victim for any expenses associated with the act of domestic violence, including counseling and medical costs

• Probation for 3 to 5 years

California law also permits those who have been victims of domestic violence to bring civil claims. If the victim can prove the other party caused actual physical injury or attempted to cause physical injury, the court may require the defendant to pay general, special and punitive damages to the victim.

However, the costs of domestic violence charges are not only monetary. A conviction for domestic violence can result in stay-away orders and residency restrictions against you, preventing you from seeing your family and children.

A conviction can also impact your ability to gain custody and visitation rights. California law requires family law judges to consider any domestic violence incidents - even charges that do not result in convictions - in determining the type and level of contact the child should have with the alleged abuser. From the outset, the court may presume it is not in the child's best interest to have any contact with a parent accused of domestic violence.

A record of conviction in a domestic violence situation can also seriously impair your ability to obtain employment, good credit ratings and your right to own a gun.

There are many things that a good lawyer can do to fight false charges and/or limit the loss and other damages to your life through negotiations with the prosecutor, or if need be, setting your case for a jury trial to prove your innocence.

If you are not a US citizen or are in the country without permission, a domestic violence conviction will result in deportation proceedings. Differences in culture and customs can be used as a defense to domestic violence charges, but are not often effective. The courts may turn a blind eye to any cultural differences your family may have in determining your guilt or innocence in a domestic violence case. Domestic charges are serious and may be detrimental to your future immediately. Contact a criminal defense attorney in your area to discuss your situation and possible legal options.

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