What California Civil Code Section 1219 Means to Your Domestic Violence Case - Discussed by an Experienced San Diego Domestic Violence Lawyer
The level of consequences you may face if charged with domestic violence
may be severe and more involved than most individuals understand.
Possible repercussions include jail time, completing a batterer’s
treatment program and the implementation of protective or restraining
orders may occur as a result of the charges you face. A treatment
program may last for over one year and a criminal protective order may
hinder you from visiting places you normally would or limit your time
with friends or loved ones. Unfortunately, some individuals charged with
domestic violence are subjected to such limitations and punishments
after being unjustly and falsely accused. A skilled and knowledgeable San Diego Domestic Violence Lawyer can discuss your matter with you, help you understand your options and offer a path to an ideal outcome.
California Domestic Violence Laws and Punishments
Oftentimes a spouse or loved one may call the police, report an incident of domestic violence, and then later wish to retract it. However, once police are called regarding domestic violence, they are required to respond regardless of how the alleged victim now feels or if the accusations were falsely made. Commonly couples get into an argument and alcohol or substances may be involved that amplify emotions and the level of the argument. Out of passion or anger one spouse may wish to combat the other with a call to the police despite a lack of actual violence occurring, or may overstate the physicality that did or did not occur.
Officers responding to alleged domestic violence calls will most likely make an arrest and are able to do so under California Penal Code if certain circumstances are present. California Penal Code section 836(d) states a police officer responding to a domestic violence situation ”…may arrest the suspect without a warrant where both of the following circumstances apply:
This code stands to support alleged victims considering it allows for arrest regardless of whether actual assault or batter has occurred. In conjunction with the fact that alleged domestic violence victims are not required to testify, it is very important to have aggressive defense counsel on your side.
San Diego Domestic Violence Lawyer Offers Trusted Aggressive Defense
The California Penal Code may be working against your favor in a domestic violence case and Attorney Ashby Sorensen has the knowledge and insight it takes to combat the prosecution. He will use his years of experience and vast knowledge of California’s domestic violence laws towards your case’s success. Call (858) 999-6921 now to schedule your free consultation to discuss your best options.
California Domestic Violence Laws and Punishments
Oftentimes a spouse or loved one may call the police, report an incident of domestic violence, and then later wish to retract it. However, once police are called regarding domestic violence, they are required to respond regardless of how the alleged victim now feels or if the accusations were falsely made. Commonly couples get into an argument and alcohol or substances may be involved that amplify emotions and the level of the argument. Out of passion or anger one spouse may wish to combat the other with a call to the police despite a lack of actual violence occurring, or may overstate the physicality that did or did not occur.
Officers responding to alleged domestic violence calls will most likely make an arrest and are able to do so under California Penal Code if certain circumstances are present. California Penal Code section 836(d) states a police officer responding to a domestic violence situation ”…may arrest the suspect without a warrant where both of the following circumstances apply:
- The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
- The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.”
This code stands to support alleged victims considering it allows for arrest regardless of whether actual assault or batter has occurred. In conjunction with the fact that alleged domestic violence victims are not required to testify, it is very important to have aggressive defense counsel on your side.
San Diego Domestic Violence Lawyer Offers Trusted Aggressive Defense
The California Penal Code may be working against your favor in a domestic violence case and Attorney Ashby Sorensen has the knowledge and insight it takes to combat the prosecution. He will use his years of experience and vast knowledge of California’s domestic violence laws towards your case’s success. Call (858) 999-6921 now to schedule your free consultation to discuss your best options.
Get a fresh look at the case by discussing it with our experienced, aggressive & best domestic violence attorney at Law Offices of Melvin S. Nash. Domestic Violence Attorney Call today.
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