Attorney Cameron Bowman- Domestic Abuse and Domestic Violence Legal Issues for State of California.

1. Do I have to be married to be convicted of “Domestic Violence”?
2. All I did was push, shove or just slightly touch the other person. Can I still be prosecuted for “Domestic Violence”?
3. Should I still hire a lawyer if the alleged "victim" wants to “drop the charges” against me?
4. Should the alleged victim, who is on my side, contact the D.A. to tell them that it didn't really happen the way he/she originally said it did to the police?
5. I was arrested for a felony, but I have not yet been to court, does this mean that I will have to face felony charges when I go to court?
6. What happens to me if I am convicted of “Domestic Violence”?
7. I am not a citizen of the United States, are there immigration consequences for a “Domestic Violence” charge?
8. Is there any way to remove a “No Contact” restraining order once it is issued?
9. What are the exact charges I could be facing for "Domestic Violence' in California?

1. Do I have to be married to be convicted of “Domestic Violence”?

No. California Penal Code Sections 243(e) and 273.5 provide that any one who is co-habiting, has had a dating relationship with, is a former spouse of, or who is the parent of a child in common with the other person is guilty of “Domestic Violence”.

2. All I did was push, shove or just slightly touch the other person. Can I still be prosecuted for “Domestic Violence”?

All I did was push, shove or just slightly touch the other person. Can I still be prosecuted for “Domestic Violence”? This is one of the most important reasons to hire an attorney who is experienced in the defense of “Domestic Violence” cases. In California, you can be found guilty of a crime even if your conduct was relatively minor in nature. As a demonstration of what can be sufficient to allow a conviction for a misdemeanor, this is what the jury is told at the conclusion of a trial for “battery”: “As used in the foregoing instruction, the words "force" and "violence" are synonymous and mean any [unlawful] application of force against the person of another, even though it causes no pain or bodily harm or leaves no mark and even though only the feelings of such person are injured by the act. The slightest unlawful touching, if done in an insolent rude or angry manner, is sufficient.

3. Should I still hire a lawyer if the alleged "victim" wants to “drop the charges” against me?

One of the biggest misconceptions that people have about “Domestic Violence” cases is that a victim can “drop the charges” against them and thereby get a criminal case dismissed. In California, there is no such thing as having a victim "press charges.” The prosecution of these cases is controlled by the District Attorney's Office, whether or not the victim wishes the matter to be prosecuted. Many persons facing criminal charges go to court expecting that they can get their charges “dropped” and do not prepare for the possibility that they may be prosecuted. In fact, the e District Attorney's Office aggressively prosecutes all reported incidents of violence in the home, even when the alleged victim refuses to press charges or denies their initial accusations. Prosecutors will not drop or reduce domestic violence charges even when the alleged victim requests them to do so or refuses to testify in court. Prosecutors will even threaten a victim who changes her story that she may be prosecuted for making a false police report although they rarely, if ever, actually do this.

4. Should the alleged victim, who is on my side, contact the D.A. to tell them that it didn't really happen the way he/she originally said it did to the police?

Generally,no. Unfortunately, the authorities expect the alleged victim to “recant” or change their story and are usually unconvinced by that new statement. In fact it happens so often that prosecutors will almost never drop a case based on a new statement.

5. I was arrested for a felony, but I have not yet been to court, does this mean that I will have to face felony charges when I go to court?

Maybe not. Frequently the police, who can not arrest for a misdemeanor unless it is actually committed in their presence, will find probable cause to arrest for a felony. However, once the case is reviewed by a deputy district attorney, the formal charges that are filed may well be misdemeanor charges, if the conduct alleged is really not that serious. Sometimes an experienced “Domestic Violence” attorney or “Domestic Violence” lawyer can even intervene on your behalf with the district attorney to encourage them to only file a misdemeanor or to encourage a “no filing” altogether.

6. What happens to me if I am convicted of “Domestic Violence”?

The penalties for domestic violence in California have become increasingly severe, including probation, anger management classes, batterer’s treatment counseling programs and jail or even prison. Even if you are released on bail you may be ordered not to return to your home and to stay away from your partner and/or your family, even though you are paying the mortgage or rent for that home. In California, if you are convicted of any charge involving “Domestic Violence”, certain mandatory conditions must be imposed if probation is granted, namely:
1. A 3 year period of formal probation
2. Required attendance at a “Domestic Violence” Batterer's Class, which is a 52 week program.
3. Inability to own a firearm for 10 years.
4. A "Peaceful Contact" or "Stay Away" restraining order naming the alleged victim.

7. I am not a citizen of the United States, are there immigration consequences for a “Domestic Violence” charge?

Although you should always confer with an immigration attorney, a conviction for this offense could result in potentially serious immigration problems. You could be denied admittance, be subject to deportation or suffer other immigration consequences if convicted of domestic violence. It is important at the outset to work with an experienced “Domestic Violence” defense attorney in such a situation. Sometimes a negotiated plea can be taken that will help minimize the immigration consequences in a particular case.

8. Is there any way to remove a “No Contact” restraining order once it is issued?

Yes. If you and the alleged victim do not want to have a "no contact" restraining order (preventing you from having any physical, telephone or written contact) the alleged "victim" must come to court and tell the judge that she/he wants to have contact. There is a great likelihood that the judge in that case will then issue an order requiring the two of you to have "peaceful contact" rather than "no contact". Otherwise, if the alleged "victim" fails to appear, the Court will issue a "no contact" restraining order.

9. What are the exact charges I could be facing for "Domestic Violence' in California?

The usual “Domestic Violence” charges are Penal Code Sections:
• 243(e) Misdemeanor Battery.
• 273.5 Felony Battery (Battery with Injury, no matter how slight the injury). This section may be charged by the D.A. as either a felony or a misdemeanor.
• 422 Threat to commit crime involving death or great bodily injury. This may be charged as either a felony or misdemeanor.
• 273.6 A misdemeanor. Violation of a restraining order.