Walnut Creek Domestic Violence Lawyer
Dedicated Counsel Ready to Protect Your Rights
Domestic violence charges are some of the most emotionally charged allegations someone can be accused of. It is always a struggle to go through the legal process while also sorting out family issues.
Attorney Thomas Daly, a domestic violence lawyer in Walnut Creek can provide excellent legal counsel as you go through the court process while also understanding the emotional toll this situation takes on you. Thomas can work to defend you in your case and can help put you back with your family as soon as possible.
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 crime alleges that a “corporal injury” was inflicted which resulted in a “traumatic condition” upon the victim. A “traumatic condition” is defined as a wound or injury, whether that be 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 be charged only as a misdemeanor. This crime alleges that a "simple battery" occurs against the victim. A "simple battery" occurs when the victim is touched in a harmful or offensive manner—there does not need to be an injury caused. 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.
Possible 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 to request a free case evaluation today.