This article overviews domestic violence and discusses:
- Penalties associated with domestic violence crimes.
- Various ways a restraining order can be put into place.
- What happens if a victim changes their story after filing charges.
I Was Arrested On Domestic Violence-Related Charges. What Is The Exact Charge I Face And Potential Penalty If Convicted?
Your penalty for domestic violence-related charges depends on what you are charged with specifically. These charges can be a misdemeanor or a felony. How seriously the person is injured and whether there are aggravating circumstances like the use of a firearm or a deadly weapon will significantly influence the penalty you face, ranging from very minimal jail time up to very significant sentences of seven years or more.
Is An Order Of Protection Or A Restraining Order Automatically Put In Place When Someone Is Charged With Domestic Violence-Related Offense In California?
Restraining orders are not automatically put in effect when someone is charged with a domestic violence-related offense in California. However, district attorneys usually request them from the court at the first hearing.
Your arrest itself will not generate one, but if you are taken into custody and have a court date, it is safe to assume there will be one in effect that the district attorney requested. Usually, by this time, if a witness is cooperating with the prosecution, they will go in on their own and obtain a civil domestic violence restraining order against you as well. The courts prioritize these on an emergency basis, given the nature of the crime.
Likely, it will not be put into place if the district attorney has a cooperative witness and the victim goes to civil court on their own. They are frequently served in jail because the defendant is in custody with the domestic violence restraining order requested by the district attorney.
If An Alleged Victim Changes Their Story After Domestic Violence-Related Charges Are Filed, Does That Mean That The Case Will Be Dropped?
Cases are not necessarily dropped if victims change their story after domestic violence-related charges have been filed. However, it can result in dismissal because the witness is no longer willing to cooperate with the prosecution, and their testimony is essentially the only evidence they have. If there is other evidence, like security footage, that shows the crime being committed or independent eyewitnesses, they can still proceed without the victim testifying.
It certainly makes the prosecution’s case much weaker and gives the defense attorney stronger arguments as to why the jury should doubt the alleged victim, however.
With the guidance of a skilled attorney for Domestic Violence Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Domestic Violence Cases in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (559) 485-1212 today.
