Domestic violence is a serious offense as it involves a threatening, abusive or violent act inflicted upon one member of a family, or household, by another member of the same family or household. Extreme or repeated cases of domestic violence have, at times, resulted in a homicide. Five percent of all California homicides were as a result of domestic violence. While domestic violence must be reported, it is not always the abuser who gets arrested after law enforcement arrives.
Depending on the circumstances, injuries sustained, and accounts of any witness, law enforcement must determine who the primary aggressor is and arrest that individual. In some instances of domestic violence, both parties may be arrested. If you or a loved one has been arrested for domestic violence charges, you need to seek help from Law Offices of Errol Cook, a top notch criminal defense lawyer at the firm immediately. Do not let the heat of the moment get to you. Protect your constitutional right to remain silent and have a lawyer present during questioning. Even if you were not the abuser, that doesn’t mean a case could not be built against you. In situations such as this it is essential that you have an attorney who is committed to giving you the aggressive representation you require. Protect Yourself Against Conviction: Call now!
In the state of California, prosecutors take domestic violence cases extremely seriously and even seemingly innocent conduct may end up being the subject of a criminal prosecution. In some states, if the accuser wishes to drop charges, they will be dropped. This is not true in California. Regardless of whether the accuser has changed their mind and wishes to drop the charges against you, you could still face prosecution.
Lifetime Consequences
Domestic Violence is controversial and has gained considerable attention in the news. Going to court without an attorney with domestic violence charges can cause serious problems at home, at work and with your family. Pleading guilty or no-contest to false reported domestic violence allegations places the alleged victim in an undeserved position of power over you, your children and your life.
Sometimes it is very tempting to plead guilty to fabricated charges just to get out of jail or to ‘move on’ with your life. However, the impact that domestic violence charges have on your future job prospects and family life can be devastating. Sometimes the easy way out isn’t the best way out.
Pleading guilty to get out of jail can also cause you to lose your residence…at least temporarily. You need a skilled attorney to make sure that your decision to resolve your domestic violence case is wise and legally sound.
Domestic Violence Arraignment
Whether filed as a simple misdemeanor P.C. 243(e)(1) or felony P.C. 273.5, domestic violence charges can have very serious consequences on your life….even before the case is resolved. At your arraignment the judicial magistrate will decide whether there is a need for restraining orders. Restraining order can address personal conduct, free speech and even de facto property division. For example, a judge may decide to issue a “no-contact” restraining order at the arraignment. The defendant, without an attorney, thinks to himself, “I don’t want to see her (the alleged victim) anyway.” However, upon looking at the actual restraining order itself, he understands that “no-contact” also means he has to find another place to live.
Common Missteps
Most defendants accused of domestic violence in Southern California make the tragic mistake of representing themselves at arraignment. They take time off of work (losing money) and wait all day for their case to get called (wasting time) only to find out the prosecutor hasn’t filed the case yet. In some busy courthouses, like the Long Beach Courthouse and Westminster Courthouse, it may take months for your case to be filed. You may later receive a notice to appear in the mail and have to take off another day from work (losing money and causing a problem at their job). It gets worse! When you are finally arraigned, the judge may issue a “No Contact” restraining order. It may be a “No Violent Contact” order or a complete “No Contact and stay away” order keeping the defendant from his/her spouse, children and his place of residence. Now you may need to find some place else to live….and quickly. You may have tried in vain to explain to the judge your side of the story.
Remember, hiring an attorney can actually save you money, save your job and maintain contact with loved ones when you need it the most.
Having an experienced attorney at your side from start to finish is critical.
Since it is your future at stake, you need a domestic violence lawyer who will aggressively fight to uncover all relevant facts in your case, review and gather witness testimonies, analyze and challenge the prosecution’s case against you, all in order to build you a strong criminal defense. Law Offices of Errol Cook will do just that.