Orange County Domestic Violence Attorney

What began as an emotional argument with a loved one may have quickly escalated into a physical altercation that orange county domestic violence attorneyslanded you in handcuffs. If you are facing domestic violence charges, the stakes are high. Domestic violence cases are not taken lightly in Orange County. In fact, the Orange County District Attorney’s office has a special family protection unit devoted exclusively to prosecuting domestic violence crimes.

A criminal conviction for domestic battery may result in jail or prison time, restraining orders, heavy fines, a mandatory year-long treatment program, and a criminal record. Beyond the criminal penalties, a conviction can adversely impact child custody rights, immigration status, professional licenses, future job applications, and relationships with family and friends.

At Visco Wohl Law, we realize that domestic violence charges are among the most serious and personally sensitive charges a person can face. Our criminal defense lawyers are committed to developing a customized defense strategy that gives you the best chance to protect your reputation and avoid harsh criminal punishment. Call our offices today to schedule a free consultation.

Types of Domestic Violence Crimes in Orange County

Simple Domestic Battery

If you willfully inflicted unwanted or offensive physical contact on an “intimate partner,” you could be prosecuted for simple domestic battery under California Penal Code Section 243(e) (1).

An intimate partner is defined as:

  • a current or former fiancé
  • a current or former spouse
  • a current or former cohabitant
  • a current or former dating partner
  • father/mother of your child
  • your child
  • a relative within second degree (mother, father, sibling, niece, nephew, grandparent, cousin)

Simple domestic battery is a misdemeanor offense punishable by up to 1 year in jail, a fine of up to $2,000, and informal or summary probation for up to 3 years. In many cases you can avoid imprisonment if you agree to complete a minimum 1-year Batterer’s Program. The court may also require, in lieu of a $2,000 fine, that you may a maximum of $5,000 to a Battered Women’s Shelter, and/or pay restitution to victims for any expenses they incurred as a result of the crime.

Aggravated Battery

To be charged with aggravated battery, Penal Code Section 243(d) there must have been serious bodily injury inflicted upon the alleged victim or accuser, meaning broken bones, a concussion, or an open wound requiring stitches. The victim does not have to be someone you have an intimate relationship with, rather it can be anyone. This is a felony offense, more serious than simple battery and can result in a 4 year prison sentence. 

Corporal Injury To Spouse or Co-Habitant

If you willfully inflicted physical injury on your current or former spouse, current or former cohabitant, or the mother or father of your child, and the injury resulted in a traumatic condition (wound or injury) you could be charged with “corporal injury on an spouse” under Penal Code Section 273.5.  This is a “wobbler” offense which means the prosecutor has the discretion to charge it as either a misdemeanor or felony and thus is punishable by up to 1 year in jail or 2, 3 or 4 years in prison.

How To Successfully Defend A Domestic Battery Charge

  • Self-Defense/Defense of Others
  • Lack of sufficient evidence
  • False allegations