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.
Even if a person doesn’t have a strong defense and a No Contest or Guilty plea is inevitable, a person charged with a criminal offense needs an experienced domestic violence defense lawyer who specializes in defending domestic battery and spousal abuse cases. The advice and counsel of an experienced criminal defense lawyer who specializes in domestic violence cases is critical in order to properly evaluate the advantages and disadvantages of a particular resolution. In all criminal cases a lawyer should be involved to ensure that the case is properly handled and the best possible result is obtained. Court appointed lawyers are available for the poor. However, court appointed lawyers carry extremely heavy caseloads and may not be the best choice in a case where personal attention and the best result is desired.
Misdemeanors
People are vulnerable when they appear in court following a domestic violence arrest to face criminal charges. One common mistake a person can make is to be in a hurry to resolve their case. Pleading guilty or no contest to one-sided allegations at the first appearance ( Arraignment ) invites an unfair result. A person should be aware of their Constitutional right to be represented by a lawyer at all stages of the proceedings. At the subsequent appearance, called a Pretrial Conference in a misdemeanor case or Prehearing Conference or Preliminary Hearing in a felony case, a lawyer has the first opportunity of making an informed evaluation of whether settling a case is in the client's best interests or whether it makes sense to proceed through the Preliminary Hearing or to Trial.
Assault
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.
Restraining Order
Welcome to the website for California domestic violence lawyer and restraining order defense attorney Robert Tayac. 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 Northern California including the Bay Area counties of San Francisco, San Mateo, Marin, Alameda, Contra Costa, Santa Clara, Napa, or Sonoma, please read the material in this website in the Introduction, What to do First, Criminal Case and Protective Orders sections, then seriously consider calling this office to discuss the matter in confidence with an attorney who specializes in domestic violence defense and restraining order cases.