If you, your spouse, partner, relative or someone you know and care about has been arrested for domestic violence (sometimes called spousal abuse, domestic abuse or family violence) or served with a domestic violence restraining order stemming from an accusation of assault, battery or abuse against a spouse, former spouse, domestic partner, cohabitant, former cohabitant or person dated anywhere in Orange County, then seriously consider calling The Atias Law Firm to discuss the matter in confidence with an attorney who specializes in domestic violence defense and restraining order cases.

Domestic Violence Orange County Laws 

California domestic violence laws are complicated and the definition of domestic violence is broad. An arrest involving an allegation of domestic violence typically initiates more than one case. The first case is the criminal case where the person arrested has been charged with a violation of Penal Code Section 273.5, 243(e), 245,422, 626.9 or a similar criminal offense, while a second related case which may be initiated is a civil restraining order case. Additionally, a domestic abuse incident may result in the couple ending their relationship, which may involve family law proceedings in a separate family law court and involve complicated child custody and property distribution issues. Furthermore, a person accused of domestic violence may be sued in civil court by the person who has alleged abuse.

Domestic Violence Arrest In Orange County

A domestic violence arrest is typically initiated when police receive a 911 call and and are sent to a home or public place where a couple has been arguing. A criminal investigation may also be initiated when a health care provider reports that a patient has sufferered injuries consistent with an injury sustained as a result of a domestic violence incident. California domestic violence laws are strict and California police agencies have policies that require an arrest to be made whenever the legal elements of a criminal offense are present. Initially, the responding police officers must decide who was the primary aggressor. Oftentimes the police are mistaken about who was the primary aggressor because police officers don't usually see the incident, assume the person who called the police was not the primary aggressor, or are biased and assume that a man (when a man is involved) was the primary aggressor. In fact, studies suggest that police are biased towards arresting men in most circumstances. However, sometimes the police arrest both people involved in a domestic violence incident where bidirectional violence was involved. Contact our domestic violence lawyers in Orange County today to discuss how we can help.

Will I Go To Jail?

Possibilities & Penalties For Domestic Violence in Orange County

Anyone arrested for domestic assault or domestic battery who holds a professional license (attorneys, physicians, nurses, pilots, stock brokers, teachers, or other professionals) or security clearances (police officers, fire fighters, government employees, members of the military or governmnent contractors) are at risk of having the agency which issued the professional license or security clearance initiate yet another case which may impact their license or one or more job critical certifications to practice their profession. As well, anyone owning a firearm or required to carry a firearm as part of their professional responsibilities may be barred from owning, possessing or carrying a handgun, rifle or shotgun. Additionally, if a person is not a citizen of the United States, conviction of a criminal offense involving violence creates the risk of deportation, denial of naturalization, exclusion from admission or readmission to the United States, denial of the issuance or extension of an H-1B Visa which allows non-United States citizens to work in this country, or denial of an upgrade of status with the immigration authorities.

What Should I do about a Domestic Violence charge in Orange County?

Contact The Atias Law Firm in Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.