CRIMINAL LAW ATTORNEYS
WHAT IF THERE WAS
NO TOUCH INVOLVED?
A person can be accused of domestic violence for many types of acts in addition to physical violence or striking.
Some examples include:
Hair Pulling, shoving, blocking exit, etc.
Verbally threatening to harm someone
Making a physical gesture that makes the person fear being harmed
Damaging their personal property
Harassing or stalking
IS IT STILL DOMESTIC VIOLENCE
IF WE ARE NOT MARRIED?
IF WE ARE NOT TOGETHER ANYMORE?
All of the things listed above are independent crimes but they become domestic violence when they are committed against someone who the person has or previously had an intimate relationship with. This could include current spouses, domestic partners, girlfriend/boyfriend, exes, brothers, sisters, parents, grandparents.
WHAT KIND OF PUNISHMENT IS ASSOCIATED WITH DOMESTIC VIOLENCE?
The consequences of a domestic violence accusation depend on a lot of factors, including any prior offenses, how bad the injury was, any previous non-reported incidents, the type of relationship, the events that led to the incident, how long the abuse has been going on, etc.
Domestic Violence is a serious offense and can lead to considerable jail time in some cases.
WHAT IF THERE IS NOT A CRIMINAL CASE, JUST A RESTRAINING ORDER?
Incidents of Domestic Violence often result in the “victim” going to the court and requesting a restraining order against the accused. If the accused is served with a restraining order they will have to attend the hearing or else the restraining order will automatically be granted against them. Restraining orders don’t only keep the accused from communicating with the victim, they can come up on background checks and may have severe effects on the accused’s job, license, custody, prospects, etc. Anyone accused should do their best to avoid having a restraining order granted against them.
BUT at the same time, if the accused attends the restraining order hearing, any statement they make can be used against them in a criminal case. The restraining order and a criminal case are SEPARATE. At any point, a prosecuting agency such as the district attorney or city attorney could decide to file a domestic violence case in addition to or after the restraining order. The accused might have thought they were making statements in the restraining order to defend themselves but those statements could come back to haunt them.
This is why it is very important, if it is just a restraining order to hire an attorney. The experienced attorneys at COSTEN RUIZ LAW have handled hundreds of restraining orders and domestic violence cases.
When someone is accused in a criminal case of domestic violence they are most often served with a criminal protective order that remains in place while the case is going on. This order bans the accused from making any contact with the victim. This may cause the accused to have to find alternative living arrangements, child-custody changes, etc. It can be burdensome and life altering. A skilled attorney like the attorneys at COSTEN RUIZ LAW can argue to modify the protective order or remove it entirely.
WHAT IS A
CRIMINAL PROTECTIVE ORDER?