Accused Of Domestic Violence During Divorce Case?
Domestic violence is a serious issue, and cannot be excused. But if you find yourself accused of committing domestic violence, this can have a negative effect on your divorce, and in some cases, you can be prosecuted and punished in criminal court.Hire San Diego Family Court Services Attorney for handling cases and providing quality services related to divorce or child custody.
First, there is a distinction between a charge of “domestic violence” brought in family court versus criminal court. The definition of “domestic violence” under the Family Code is much broader, and includes much more than just physical force.
Any act of battery, assault, sexual assault, causing a person to be in fear of injury, threatening, harassing, vandalism, or disturbing the peace can be considered domestic violence. It can even include verbal abuse which does not rise to the level of a criminal offense.
When a person makes a report of domestic violence to the police and the police respond to the residence, they must follow department policy of arresting the “dominant aggressor,” even in cases involving mutual combat, or even self-defense by the less-injured party. Now there is the serious potential of having a criminal case filed.
Domestic violence can have serious consequences. If a finding of domestic violence has been made in a family court case, the court will presume that the perpetrator will not have sole or joint legal or physical custody of the children. If a criminal case is filed, the consequences depend on whether it is filed as a felony or a misdemeanor. Regardless, you will have to appear in court and defend against the charge.
If convicted, the consequences range from probation and domestic violence classes to state prison time.If facing a charge of domestic violence of any kind, even if the charge is false, you will likely have to defend yourself at an evidentiary hearing in court.
You need an experienced courtroom attorney on your side. Most family law attorneys do not have criminal law experience. If you face charges in both family and criminal court, you need the skills of attorney Michael C. MacNeil who has tried 50 criminal jury trials. Call or e-mail today to schedule a consultation.