Santa Ana Domestic Violence Lawyer

Santa Ana Domestic Violence Lawyer | Orange County

Accusations of domestic abuse can severely damage your reputation. Rumors of you striking a partner or family member can quickly spread, straining relationships with loved ones. Domestic violence cases in Santa Ana are typically difficult to prove in court. Having a skilled attorney like Attorney Dod on your side, you can give yourself the best chance to maintain your freedom and reputation. Learn more about how a Santa Ana domestic violence lawyer can help you.

Dod Law is a Santa Ana criminal defense law firm serving clients throughout the Orange County and San Diego, California. Led by Attorney Dod, our team has 20 years of legal experience defending against domestic violence charges. A domestic violence conviction can result in severe penalties, including incarceration, fines, and probation. Working with our team gives you the opportunity to fight for the best possible outcome.

What Defines Domestic Violence in Santa Ana, California?
Abuse, whether physical, verbal, emotional, or psychological, could lead to criminal charges. This charge would be considered “domestic violence” if the threats or abuse were inflicted upon someone with whom there is a close connection. This includes familial or romantic relationships, such as:

• A spouse or domestic partner (current or former)
• An intimate partner, such as a boyfriend or girlfriend (current or former)
• Your child
• The mother or father of your child
• Another close family member

California Family Code section 6203 states that abuse includes:

• Physically hurting an individual or attempting to do so
• Threatening physical harm
• Sexual assault
• Harassment or stalking

If you or someone you care about is facing domestic violence charges, it is crucial to appoint an experienced Santa Ana domestic violence attorney, such as Attorney Dod, to be your legal advocate.

Potential Penalties for a Domestic Violence Conviction in Santa Ana, California
Domestic violence is a serious criminal offense in California. These crimes often fall between misdemeanors and felonies, known as “wobbler” offenses, meaning prosecutors can charge a defendant with either a misdemeanor or a felony based on the case details. The difference in penalties between a misdemeanor and a felony domestic violence conviction is significant.

A domestic violence conviction can have long-lasting effects on your life. These penalties increase with repeat offenses. Your first misdemeanor domestic battery charge may result in:

• Fines up to $2,000
• Up to one year in county jail
• Participation in a batterer intervention program
• Community service

For a first offense, a judge may opt for probation instead of jail time. Other penalties could include paying for the victim’s mental health counseling and donating to a women’s shelter.

A felony domestic violence charge, such as felony corporal injury to a spouse, could result in:

• Up to one year in county jail
• Up to four years in state prison
• Fines up to $6,000

If accused of domestic violence, you deserve quality representation from a Santa Ana domestic violence attorney familiar with the complexities of these cases in California courtrooms.

What Elevates a Domestic Violence Charge to a Felony in Santa Ana, California?
Prosecutors consider the severity of injuries and the number of injuries inflicted when deciding whether to charge a domestic violence offense as a misdemeanor or felony.

A felony domestic violence crime includes:

• Corporal Injury to a spouse in violation of California Penal Code Section 273.5(a)
• Criminal threats in violation of California Penal Code Section 422

A corporal injury involves physical force that causes a traumatic condition, defined as “a wound, or external or internal injury … whether of a minor or serious nature.”

Misdemeanor offenses can be elevated to felonies under certain circumstances, such as previous convictions for violent crimes (like domestic battery or assault with a deadly weapon).

Felony domestic violence charges carry severe penalties, including prison time. Under California’s Three Strikes law, a domestic violence conviction can count as a “strike.” Multiple strikes can increase the length of a prison sentence for repeat violent offenders.

Terms of Probation for a Santa Ana Domestic Violence Conviction
If charged with a misdemeanor domestic violence offense, such as domestic battery under California Penal Code Section 243(e)(1), you might be sentenced to supervised or unsupervised probation.

Probation allows you to serve your sentence outside of jail or prison and aims to protect the public, heal the victim, and rehabilitate the offender. Several conditions must generally be met during probation. Offenders must not violate any laws during their probation period, as this will result in a probation violation.

Probation terms might include:

• Time served in jail before probation
• Anger management counseling
• Domestic violence counseling
• Community service or labor hours
• Restitution payments
• Court fines
• Regular reporting to a probation officer
• Paying restitution to victims
• Submitting to random drug tests

If court-ordered counseling for anger management or domestic violence is required, all sessions must be attended. Missing a session or failing to complete the program on time could result in further consequences.

What Does a Protective Order Do in Santa Ana, California?
California criminal courts typically issue a protective order (commonly called a “restraining order”) against domestic violence offenders. This court order prohibits any contact or communication with the victim.

A judge may alter the protective order to allow peaceful contact if the victim requests it. Depending on the circumstances, a judge may still impose a complete protective order even if the victim wishes to reinstate contact. A protective order can be upsetting for families trying to work through their differences and stay together.

A domestic violence protective order might impose restrictions such as:

• Keeping the defendant away from the victim’s home, school, or workplace
• Prohibiting contact with the victim, their children, or other relatives
• Keeping the defendant away from pets
• Forcing the defendant to move out if living with the victim
• Prohibiting gun ownership
• Restricting changes to insurance policies
• Requiring child or spousal support or other payments
• Returning the victim’s property
• Completing a 52-week batterer intervention program

Intentionally violating a restraining order can lead to a probation violation and new criminal charges under California Penal Code Section 273.6.

Other Consequences of a Domestic Violence Conviction in Santa Ana
A domestic violence conviction can lead to additional penalties imposed by the court. A conviction results in a criminal record, which appears on background checks and can jeopardize future employment opportunities.

Other consequences of a domestic violence conviction include:

• Irreparable damage to your reputation
• Losing your professional license
• Prohibition from owning a firearm
• Deportation for non-citizens

If facing domestic violence charges in Santa Ana, partner with an accomplished violent crimes defense attorney like Attorney Dod to build a strong defense and protect your future.

How Can You Defend Against a Domestic Violence Charge in Santa Ana, California?
Domestic violence charges are more severe than charges for assault or battery. California prosecutors aggressively pursue domestic violence accusations, even if the defendant is wrongly accused out of anger or jealousy. A domestic violence charge on your permanent record will surface in all future background checks, hindering your ability to secure housing or employment.

Prosecutors must prove that the accused acted violently and intentionally and that the act resulted in a traumatic injury. However, a qualified attorney may be able to use defenses such as:

• Lack of intent
• Self-defense
• False accusations
• Insufficient evidence

Regardless of the circumstances surrounding your domestic violence case, Attorney Dod will fight to achieve the best possible outcome for you.

Defend a Charge with a Highly Rated Santa Ana Domestic Violence Attorney
False allegations are common in domestic violence cases and can be a way for the actual abuser to shift responsibility onto the abused individual. With a Santa Ana domestic violence defense lawyer like Attorney Dod on your side, there is hope to preserve your reputation and avoid penalties. With an exemplary 10.0 Avvo rating, Dod Law, in Santa Ana, Downtown San Diego, and Vista, California, will do everything possible to protect your rights.

Frequently Asked Questions

What are the most common domestic violence charges in California?

• Penal Code 273.5 — Corporal Injury To Spouse/Cohabitant
• Penal Code 422 — Making Criminal Threats
• Penal Code 136.1 — Dissuading or Intimidating a Witness
• Penal Code 236 — False Imprisonment

When should I hire a Santa Ana domestic violence lawyer? You should hire a Santa Ana domestic violence attorney immediately after being arrested, whether you are in custody or out of custody. Hire an attorney the following day so the attorney can contact the detective before the case is sent to the district attorney.

Contact us at our Santa Ana, Orange County office 949-681-7020 | San Diego office (619) 814-5110 | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form.