 DOMESTIC VIOLENCE LAWYERS SPOUSAL ABUSE ATTORNEYS 
Domestic Violence - Spousal Abuse
If you have been arrested or charged with Domestic Violence or Spousal Abuse, you need to consult with an experienced California Domestic Violence Attorney right away. Domestic Violence or Spousal Abuse has become a vigorously pursued offense by the District Attorney's Office. In the past, an argument or fight at home and a call to 911 would end with a visit from the police with no arrest. It has now developed into a full arrest with expensive bail. In addition, these cases will be aggressively prosecuted. At Takakjian, Sowers & Sitkoff LLP our firm's proven approach for a successful defense against domestic violence and spousal abuse charges begins with the implementation of a defense strategy unique to domestic violence and spousal abuse cases. If you have been arrested for a Domestic Violence offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844 Can I be prosecuted for Domestic Violence or Spousal Abuse if the victim does not press charges? What type of counseling could I be required to attend? What are the factors in determining any court penalties? What are some of the defenses for Domestic Violence or Spousal Abuse? If convicted, what alternatives are there to jail? If you have been arrested for a Domestic Violence offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844 Elder Abuse - Safe Seniors Project - http://www.safeseniors.org The purpose of the program is to assist the adult children of elders, caretakers, or persons who are in a position of trust with elders to improve care for elders and ensure that the elders are not being abused or neglected. Oak Trees - http://www.oaktrees.org/elder/ Elder Abuse Prevention: Information and Resource Guide of the East Bay (CA). California Family Violence Referral Directory http://www.dhs.cahwnet.gov/ps/cdic/epic/html/dv_directory.htm By county, a listing of Domestic Violence referrals to shelters, legal assistance, batterer's programs and much more. Provided by the Epidemiology and Prevention for Injury Control Branch (EPIC), a division on the Department of Health Services CALIFORNIA'S NEW PROGRAM SAFE AT HOME http://www.ss.ca.gov/safeathome The website contains a listing of all California counties and the agencies victims can contact to enroll in the program. In California victims can contact their local domestic violence facilities about enrolling in this free mail-forwarding service. The Secretary of State's office is designated by participants as the "agent for service of process and mail receipt." California Courts Self Help Center - Domestic Violence http://www.courtinfo.ca.gov/selfhelp/dv/ In this section, you can find free and low-cost help in domestic violence cases, hotlines and other resources, resources to help children and teens, and guides to help you apply for a restraining order or respond to a request for a restraining order. On line access to Instructions and Forms for Use in Domestic Violence Prevention Act (Restraining Order) Cases. California Family Violence Referral Directory http://www.dhs.cahwnet.gov/ps/cdic/epic/html/dv_directory.htm A listing by county of Domestic Violence referrals to shelters, legal assistance, batterer's programs and much more. Provided by the Epidemiology and Prevention for Injury Control Branch (EPIC), a division on the Department of Health Services Domestic violence law, also referred to as Spousal Abuse law, Wife Abuse, Husband Abuse, Child Abuse or Elder Abuse is when a person willfully inflicts bodily injury, resulting in a traumatic condition, upon another person with whom they are cohabitating. Under California Law, domestic violence is a crime regardless of gender. When responding to a domestic violence call, police officers are required to write a police report when a domestic violence incident occurs. With probable cause, police officers can make an arrest and submit their report for felony or misdemeanor prosecution.
No, only the District Attorney can drop the domestic violence charges against you and this is unlikely to occur. The prosecutor, not the victim, makes the charging decision. A victim of domestic violence or spousal abuse often attempts to recant the statement they made to police in order to have the wife abuse, husband abuse, or partner abuse charges dropped against an abusive partner. In the past, this has led to a cycle of continuous abuse. The District Attorney's Office prefers to file charges and let the courts decide issues of domestic violence.
Can I be prosecuted for Domestic Violence or Spousal Abuse if the victim does not press charges? YES, Domestic Violence or Spouse Abuse crimes are aggressively prosecuted and even if the victim tells the court and prosecutor they do not wish to "press charges", the case will NOT be dismissed.
It depends upon the circumstances of each case. However, first-time offenders are usually placed on probation, required to serve a few days of custody or public work service and complete a batterer's program. As these types of crimes are aggressively prosecuted, jail time is routinely sought even in first offense, non-serious injury cases. Our main goal is to get the charges dropped or reduced to a lesser offense and keep you out of jail! Some others penalties can include probation, significant fines, domestic violence counseling, and anger management classes.
What type of counseling could I be required to attend? Counseling helps batters learn to examine their lives and understand the reasons for their violent behavior. They learn how to walk away from a potentially explosive situation and resolve problems without using violence. They learn that they cannot control their relationships through violence. Attendance will be monitored by the court. There are numerous locations throughout the county offering different dates and times to make attendance easy. Batterers may pay for counseling on an installment plan. If alcohol or drugs are involved the courts will often order the defendant to attend Alcoholics (AA) / Narcotics Anonymous (NA) meetings. There are no dues or fees associated with AA or NA meetings. Meeting locations and more information can be found at:
AA Meetings NA Alcohol & Drug Abuse Resource Directory Cocaine Anonymous What are the factors in determining any court penalties? The penalties depend on the conditions of your case; however what will be considered in the case are any prior convictions, whether you are on probation or parole, the viewpoint of the local community and courts towards this type of crime, and any mitigating and aggravating circumstances. No. A criminal battery is defined as the unlawful application of force to the person of another. A hit, punch, or kick is not required, just an offensive touching of another is considered a battery. Verbal spouse abuse or spousal mental abuse if coupled with threats, often called terrorist threats, can also result in an arrest. What are some of the defenses for Domestic Violence or Spousal Abuse? Depending on the specific facts and circumstances of your case, some defenses potentially include self-defense, insufficient evidence, and factual innocence may apply. If convicted, what alternatives are there to jail? Some alternatives can include house arrest, electronic monitoring, probation, community service, anger management classes, etc. If you have been arrested for a Domestic Violence offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844 * PLEASE CLICK HERE FOR THE LOCATION OF A CRIMINAL DEFENSE LAWYER NEAR YOU *
Domestic Violence - Spousal Abuse - Disclaimer:
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