Why Hiring An Orange County Domestic Violence Defense Lawyer Immediately May Help You With Your Case

Posted on: April 6th, 2024 by Dod Law

Domestic Violence Lawyer Orange County

A domestic violence charge can affect your family relationships, work life, and ability to remain in your house. Domestic violence charges are vigorously prosecuted in Orange County, and a conviction could leave you with a permanent stain on your record. An excellent domestic violence defense attorney can help you minimize or avoid the impact of a domestic violence conviction, but many of these negative impacts can be minimized even further by hiring an Orange County domestic violence defense attorney before charges are even filed. By hiring a domestic violence lawyer in Orange County immediately after your arrest, you gain the powerful tool of legal advice in your corner from the get-go. An experienced domestic violence defense attorney can help you avoid costly mistakes and may even be able to get your case dismissed before charges are even filed..

Being Arrested for Domestic Violence

Police in California are required to arrest someone if they believe domestic violence has occurred. This only requires probable cause—essentially, it is more likely than not—that domestic violence has occurred. This standard does not account for many for the rigorous questions of proof the justice system requires but can still have powerful negative consequences.

When law enforcement answers a domestic violence call, officers are responding to a potentially dangerous situation, so the first thing step they will take is investigating the parties to determine if the situation is in fact dangerous. This investigation is not necessarily focused on finding the whole truth. Officers are simply investigating whether domestic violence truly did occur. If law enforcement officers believe domestic violence occurred, they must make an arrest. The party arrested should contact a defense lawyer as soon as possible for several reasons:

• Anything you say while under arrest can and will be used against you in court. You have the right to an attorney and the right to not engage in self-incrimination. Law enforcement personnel are trained in interrogation techniques and speaking to them may put you in a situation where your statements are later construed against you. Consulting with a knowledgeable domestic violence defense attorney will help prevent any information you offer to law enforcement from coming back later to haunt you.
• The facts of your arrest may allow the arrest itself to be contested. Law enforcement must follow specific guidelines when arresting a suspect, conducting interrogations, and searching their property. If these guidelines are not followed, any evidence gathered because of your arrest may be inadmissible. An experienced domestic violence defense attorney can use faulty arrest procedures to undermine the foundation of the case against you before charges are even filed.
• A domestic violence defense attorney can help you preserve the evidence for your case. The strength of any case depends on the evidence that favors it. If you are accused of domestic violence, it is important to document everything relating to the allegations. A domestic violence defense attorney will help you preserve this evidence; because time Is of the essence, the sooner you contact a defense attorney, the better.
• Court orders often follow any domestic violence arrest. The alleged victim of domestic violence or the court itself may issue a restraining order prohibiting you from contacting your family, returning home, or even barring you from places your spouse may frequent. These court orders must be obeyed, but a domestic violence defense attorney will fight these orders on your behalf and try to return your life to normalcy as soon as possible.

Your domestic violence defense attorney may be able to get the case dropped before charges are filed

There is a lot of political and societal pressure on prosecutors to aggressively pursue domestic violence cases, but there are many instances where cases may be thrown out before charges are even filed. A lack of evidence, conflicting testimony, faulty arrest procedures, and even deliberate misconduct by another party can all lead to a prosecutor throwing a case out before charges are ever filed. By hiring an Orange County domestic violence defense attorney immediately after your arrest, you have an advocate who will fight for you from the earliest stages of the process and help you achieve the best possible outcome.

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