November 8, 2013 By Wallin & Klarich

If you have been charged with domestic violence in Ventura County, you are facing very serious consequences if convicted of this crime. Ever since the O.J. Simpson case in 1995, prosecutors have taken a “get tough” attitude on people who abuse their spouses, relatives, children, or people they live with.

Not only do you face serious consequences such as jail time, probation, fines, community service, and 52 weeks of anger management counseling, but a domestic violence charge stays on your permanent record and could follow you for the rest of your life.

The Ventura County District Attorney’s office may continue to prosecute you for domestic violence even if your accuser retracts the accusations against you.

What You Should Expect if You are Charged with Domestic Violence

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  • A restraining order will likely be filed against you. A temporary restraining order lasting until your court date will almost assuredly be filed against you. That order will likely become a permanent restraining order lasting three to 10 years if you are ultimately convicted.
  • If a restraining order is filed against you, you will have to move out of your residence if the person you allegedly abused lives in the same household. Additionally, you are prohibited from having any contact with the person you allegedly abused for the length of the restraining order. This includes a spouse, a cohabitant, or your children if any of them were abused by you. If you violate a restraining order, you can be prosecuted for the violation, as well as for domestic violence.
  • If you are convicted of a domestic violence charge, you face incarceration. Sentencing will depend on the seriousness of any injuries you inflicted (if any) and your criminal record (if any). Judges typically require that you serve a minimum of 30 days and up to one year in county jail for a misdemeanor conviction of a domestic violence charge. A felony conviction carries up to four years in custody. Punishment for a felony conviction can be increased depending on whether you have been previously convicted of a battery charge within seven years.
  • You will likely be required to complete a minimum of 52 weeks of anger management counseling.Generally, anger management counseling is always a condition for a conviction of a domestic violence charge. You must pay for the counseling if you have the ability to pay for it.
  • You may have to perform community service as part of your sentence. If you are sentenced to serve probation, you can expect a work-release or other community service program to be ordered as a condition of your probation. This could mean labor performed with a Cal-Trans crew.
  • You can be ordered to pay a fine. The court can order you to pay a fine of up to $6,000 for a first offense conviction of domestic violence and up to $10,000 for a subsequent battery conviction within seven years.
  • You face deportation if you not a U.S. citizen. Most domestic violence offenses are considered “crimes of moral turpitude,” which means you can be deported if you are a noncitizen and you are convicted of this serious offense.
  • A domestic violence conviction goes on your permanent record. If you are convicted of a domestic violence offense, you need to be aware that it will be publicly available during any routine background check. This may make it difficult to obtain employment, state licensing and other benefits. It may also negatively impact your parental rights when it comes to custody of your children.

Call Wallin & Klarich if You are Charged with Domestic Violence in Ventura County

If you or someone you love has been accused of a domestic violence offense, you need to contact an experienced criminal defense attorney at Wallin & Klarich today. At Wallin & Klarich, our attorneys have over 30 years of experience successfully defending against domestic violence charges.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the knowledgeable criminal defense attorneys at Wallin & Klarich will be able to examine all of the evidence against you to determine if all of the elements of a domestic violence crime are present. If not, we may be able to get your charges reduced or dismissed altogether. In many cases, we may be able to negotiate for a sentence that helps you avoid serving time in custody. We will fight to get you the best possible result in your case.

Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.

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