Domestic Violence Lawyer in Santa Ana

If you’re facing a domestic violence charge, you are likely experiencing damaging ripple effects throughout your life that are not likely to stop if you are convicted. The Law Office of Sheny Gutierrez can offer legal expertise and guidance for navigating a domestic violence charge. Contact us for a free consultation in our Santa Ana office or schedule a free phone consultation.

Domestic Violence Offenses in Santa Ana, CA

Domestic violence is classified as harm or the threat of harm to current or former spouses, intimate partners, roommates, and co-parents. Parents, children, and select other relatives may also be included in this category.

Note that you do not have to be married to a partner for domestic violence to occur. The alleged victim is also not required to be a part of your family or a blood relative; previous partners and ex-spouses are included, as well. If you are currently or used to be involved in a romantic relationship with someone, such as a domestic partner, they will likely belong in this category.

If you are found guilty of domestic violence, you may be facing a mandatory minimum jail sentence, participation in domestic violence classes, victim restitution, protective orders, and many other consequences.

Domestic Violence and Children

If your child was present in the house when you allegedly committed acts of domestic violence, your custody and visitation rights will likely be affected even if you did not harm the child. Protective orders often impact your visitation, and a criminal record could also change your custody arrangements. In cases where the children were victims of the alleged violence, there will almost certainly be significant changes to any custody or visitation.

Handling a domestic violence case involving children requires care, as the safety and well-being of minors is something every court in California takes seriously. In domestic violence cases, it is often necessary to combine family law and criminal law considerations to create an appropriate legal strategy.

We always explain the process to our clients to ensure they understand what’s happening to them and what may happen in the future. You can count on our domestic violence attorney to work closely with you through your abuse charge and as you attend court hearings.

Penalties in Santa Ana Domestic Violence Cases

Crimes often associated with domestic violence include abuse, threats, neglect, assault, and battery. Whether your offenses are charged as misdemeanors or felonies is largely determined by the specific details of your case.

Many offenses included in these cases can be charged either way, depending on the severity of any injuries and the alleged abuser’s criminal record.

For example, domestic battery is a misdemeanor with a penalty of up to one year in jail and $2,000 in fines. In instances where domestic battery causes serious physical injuries, it can then be charged as a felony with a maximum of four years in prison and a $10,000 fine.

Defense Strategies for Domestic Violence Cases

A skilled domestic violence lawyer will be able to craft a strong defense that can help you reach a more favorable outcome. Some tactics your attorney may use include claiming you acted in self-defense, stating that the violence and harm it caused was an accident, or questioning the accuracy of the alleged victim’s statements.

An ideal scenario for those accused of domestic violence is to have the criminal charges dropped, but negotiating plea deals or decreased sentences is also a positive outcome.