Criminal Defense in Orange County
Defending You Against Domestic Violence Charges

Anaheim Domestic Violence Attorney

Have You Been Charged with Domestic Violence in California? Contact Us Today!

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:

What Happens In A Domestic Violence Case?

If the district attorney chooses to charge the case, a formal complaint is prepared and submitted with the district court. A district court judge reviews the case to decide if there is probable cause to support the charge. Probable cause is a legal term that essentially suggests that the supposed truths would lead an affordable individual to believe that the accused committed the charged criminal offense.

Contact our Orange County domestic violence lawyer today to learn more about how we can defend you.

What Are the California Laws & Penalties for Domestic Violence?

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 imprisonment.

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.

Understanding Domestic Violence & Restraining Orders

If you've been criminally accused of domestic violence, you may also receive a civil court order known as a restraining order. 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.

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.

Contact Our Firm Today to Set Up Your Free Consultation

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.

Why Choose Us?

  • Mr. Barney B. Gibbs has more than 35 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 at (888) 594-0660 or schedule a free case evaluation online.


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