Anaheim Domestic Violence Defense Attorney
Accused of family violence? Don't fight your charges alone!
Domestic violence isn't a singular criminal charge in the state of
California, but rather, a category of various crimes committed against
family or household members. If you have been accused of family violence,
the implications are far greater than jail time or fines. A domestic violence
charge or conviction could result in loss of custody, loss of visitation,
forced removal from your home, etc. If you've been arrested in Orange
County under this charge, our Anaheim domestic violence lawyer is dedicated
to fighting for your rights.
Contact The Law Office of Barney B. Gibbs today if you have been charged with:
Unfortunately, it is not uncommon for domestic violence charges to arise out of
false accusations or exaggerations. The job of this law firm is to provide you with an exceptional
criminal defense so that you are not wrongfully convicted. Remember, you
are innocent until proven guilty.
Do not delay if you have been arrested! Call for a free consultation: (888) 594-0660
Domestic Violence Laws & Penalties in California
According to California Penal Code § 243(e)(1), intentionally inflicting
harm on someone who is an "intimate partner" – including
a spouse or significant other – is a misdemeanor offense. This offense
can be charged even if there are no visible injuries to the victim. CPC
§ 273.5 makes it a misdemeanor offense to intentionally inflict a
visible injury on a family member – including a current spouse,
ex-spouse, someone you live with, parent or child. Physical abuse of your
child is against § 273d. The law defines harm as anything "cruel
or inhuman" that leads to an injury, whether visible or not visible.
§ 273.5 – Corporal Injury to a Spouse or Cohabitant: willfully inflicting injury on a spouse or cohabitant, punishable by two-four
years in county jail and/or a fine up to $6,000
CPC § 269 details the crime of
child rape (forced sexual contact with a minor), which is usually charged as a felony
offense. Spousal rape is against the law per § 262 of the penal code.
Typically, rape is defined as unlawful sexual intercourse with someone
who is not a spouse, but sex with a spouse by way of force, violence,
duress or unconscious is rape. According to § 273(a) of the penal
code, endangering a child is a misdemeanor offense. This offense is defined
as placing a child in any circumstance that is likely to cause them great
bodily harm or death or intentionally harming a child.
§ 243(e)(1) – Domestic Battery: actions that are physical in nature inflicted upon the alleged perpetrator's
spouse or cohabitant, punishable by a fine up to $2,000 and/or one year
Abuse of the elderly, whether they are your relative or there is no relation,
is against § 368 of the California Penal Code. Abuse here could mean
intentionally inflicting emotional injuries, physical injuries, neglect
that results in illness or injury, and even financial abuse. CPC §
649.9 casts a wide net and encompasses any actions that a family or household
member inflicts on another that causes the victim to feel "a serious
threat of harm" or actually results in injury to the victim. Stalking
or cyberstalking could potentially be classified as criminal threatening.
What happens when a restraining order is filed against you?
If you've been criminally accused of domestic violence, you may also
receive a civil court order known as a restraining order. In California,
there are three types of restraining orders:
Personal conduct orders: These require the respondent to refrain from certain activities that are
causing the petitioner to fear for their safety, such as harassment or threats.
Stay-away orders: These require the respondent to refrain from going to certain locations,
such as the petitioner's place of work or their home.
Residence exclusion orders: These require the respondent to move out of their current place of residence
for a period of time, even if they are the legal owner.
If a restraining order has been filed against you, be sure that you comply
with them. Violating a restraining order is a crime in and of itself.
You should also receive your Notice of Court Hearing. At this hearing,
you can contest the
restraining order with the help of an Anaheim criminal lawyer. This is separate from any
criminal hearing you may be required to attend.
Contact Our Firm Today to Set Up Your Free Consultation
Mr. Barney B. Gibbs has more than 30 years of experience in the criminal
justice system. He understands the criminal and civil ramifications of
a domestic violence accusation and can provide you with the defense that
you need to get your charges reduced or dismissed. Fight for your future
and that of your family. Contact an Orange County domestic violence attorney
at the The Law Office of Barney B. Gibbs today.
Call our office today or
schedule a free case evaluation online.