Walnut Creek Domestic Violence Lawyer
Dedicated Legal Counsel Ready to Protect Your Rights
Domestic violence charges are some of the most emotionally charged allegations someone can face. It is always challenging to navigate the legal process while also managing family issues.
Attorney Thomas Daly, a domestic violence attorney in Walnut Creek, can provide excellent legal counsel as you go through the court process while understanding the emotional toll this situation takes on you. Thomas can work to defend you in your legal matter and help reunite you with your family as soon as possible.
It can be possible to confront these charges and resolve this matter favorably. Contact our Walnut Creek domestic violence attorney at (925) 208-4801 or online today.
California Domestic Violence Law
Domestic violence is commonly charged by alleging a violation of either Penal Code Section 273.5(a) or Section 243(e)(1).
A charge under Section 273.5(a) can be either a felony or a misdemeanor. This violation alleges that a “corporal injury” was inflicted, resulting in a “traumatic condition” upon the victim. A “traumatic condition” is defined as a wound or injury, whether serious or minor. The victim has to be related in some manner to the defendant—there is a full list explaining what types of relationships qualify for this charge in the Penal and Family Codes.
A charge under Section 243(e)(1) can only be charged as a misdemeanor. This violation alleges that a "simple battery" occurs against the victim. A "simple battery" occurs when the victim is touched in a harmful or offensive manner—no injury needs to result. The victim has to be related in some manner to the defendant—there is a full list explaining what types of relationships qualify for this charge in the Penal and Family Codes.
What to Expect in Contra Costa County
Understanding the local legal landscape can be crucial when facing domestic violence charges in Contra Costa County. The county's prosecutors are experienced in handling these types of cases, making it all the more important to have a defense attorney familiar with local laws and procedures. Each courthouse, including those in Walnut Creek and Martinez, may have different procedures and guidelines, which can significantly affect the outcome of your case. Having a lawyer like Thomas Daly, who understands these nuances, provides a strategic advantage.
Furthermore, local community resources, such as shelters and counseling centers, offer assistance not only to victims but also to those accused of domestic violence. Reaching out to these organizations can demonstrate a proactive approach to addressing any underlying issues and can potentially positively influence your legal situation. Understanding the social dynamics and community standards in Contra Costa County can be a beneficial component of your defense strategy.
Understanding the Impact of Domestic Violence Charges
Facing domestic violence charges can be a life-altering experience, not just for the accused but also for their families and loved ones. The consequences of a conviction can extend far beyond legal penalties, affecting employment opportunities, housing options, and personal relationships.
Here are some critical aspects to consider regarding the impact of domestic violence charges:
- Employment Challenges: Many employers conduct background checks, and a domestic violence conviction may hinder your chances of securing a job or advancing in your career.
- Housing Issues: Landlords often review criminal records, which can lead to difficulties in finding suitable housing or result in eviction if already residing in a rental property.
- Child Custody Concerns: Domestic violence allegations can significantly influence custody decisions, potentially resulting in loss of parental rights or restricted visitation.
- Social Stigma: The societal perception of domestic violence can lead to isolation and damage personal relationships, making it essential to address the charges proactively.
- Mental Health Effects: The stress and anxiety associated with domestic violence allegations can take a toll on your mental well-being, making it crucial to seek support during this challenging time.
At Thomas Daly Law, A Professional Corporation, we understand the complexities of domestic violence cases and are committed to providing compassionate, knowledgeable representation. Our team is here to guide you through every step of the legal process, ensuring your rights are protected and your voice is heard. We know that each client's situation is unique, and we tailor our approach to meet your specific needs.
Potential Penalties for Domestic Violence
A sentence for domestic violence can be severe. If probation is granted, the terms of that probation include at a minimum:
- Informal probation length of three years
- A protective order with either stay-away conditions
- $500 fee for a domestic violence fund,
- 52-week long batterers program.
These terms can be increased and other terms such as community service, additional fines and fees, or jail time can also be added.
If you've been accused, the time to act is now. Contact us at Thomas Daly Law, A Professional Corporation by calling (925) 208-4801 to request a free case evaluation with our domestic violence attorney in Walnut Creek today.
Frequently Asked Questions
What Should I Do After Being Arrested for Domestic Violence?
If you are arrested for domestic violence in Walnut Creek or the surrounding areas, it is essential to remain calm and cooperative with law enforcement. Reaching out to a domestic violence lawyer in Contra Costa County as soon as possible should be your priority. An attorney can assist you with understanding your rights, navigating bail proceedings, and planning an immediate course of action. Avoid discussing your case with anyone but your lawyer, as statements made to law enforcement or others can potentially be used against you in court. Engaging a local attorney familiar with the specific procedures and personnel at the Contra Costa County courts can provide strategic advantages.
What Are the Legal Consequences of a Domestic Violence Conviction?
The legal consequences of a domestic violence conviction can be significant and long-lasting. These may include jail time, probation, mandatory counseling programs, and steep fines. Additionally, a conviction can appear on background checks, impacting employment opportunities, housing, and more. A protective order may be put in place, which can limit contact with family members and restrict your movements. Therefore, understanding the full scope of these potential consequences and working with a domestic violence attorney in Walnut Creek to mitigate or avoid them altogether is crucial.
Can a Domestic Violence Charge Be Reduced or Dismissed?
Whether a domestic violence charge can be reduced or dismissed depends on the specifics of your case and the evidence available. Working with an experienced attorney can uncover weaknesses in the prosecution's case or find evidence that supports your defense. Factors such as lack of proof, witness credibility, and any procedural errors made by law enforcement can all contribute to reducing charges or securing a dismissal. It is vital to consult with a lawyer who can assess the details of your circumstances and determine the best defense strategy.
How Can a Domestic Violence Attorney Help Me?
A domestic violence lawyer in Walnut Creek provides numerous benefits, offering legal knowledge, strategic advice, and support throughout the legal process. They help identify potential defenses, advocate on your behalf during negotiations, and ensure that your rights are protected at all times. An attorney can also work to navigate court procedures and manage communications with prosecutors, reducing the burden on you. By building a strong defense strategy, your attorney helps to improve the potential outcomes of your situation significantly.