A California domestic violence conviction could have serious consequences. Depending on the charge and the defendant’s prior offenses, court penalties could vary. However, after court penalties are completed, a domestic violence conviction could unfortunately follow a defendant into other parts of his or her life.
Consequence #1: You Could Lose Your Gun Rights
Under the federal Domestic Violence Offender Gun Ban, also known as the Lautenberg Amendment, a person convicted of any state or federal domestic violence misdemeanor could be banned for life from owning or possessing a firearm. This includes harassment and stalking charges. Under federal law, the defendant must be:
- A current or former spouse of the plaintiff
- A parent or guardian of the plaintiff
- A parent of a child shared with the plaintiff
In addition, California passed a law that went into effect on January 1, 2019. Any person convicted of a willful corporal injury misdemeanor after January 1 could face a lifetime ban. Unlike the Lautenberg Amendment, this law extends to defendants who have current or former intimate relations with the plaintiff. If the defendant is a current or former girlfriend or boyfriend, cohabitant or fiancé, then the defendant could lose their gun rights forever.
California also has a 10-year ban for defendants convicted of other domestic violence misdemeanors, including assault, battery and stalking.
Consequence #2: Limit Your Employment Opportunities
A domestic violence conviction could make it more difficult for a person to retain or obtain employment. Though employers should not discriminate, a conviction could show up on a background check. In addition, defendants could lose their professional license in a variety of industries depending on the charges.
Domestic violence convictions do not have a law enforcement exception. Military officials, government officials and police officers, who must carry a firearm as part of their job duties, could lose their rights too. They would not be able to carry a firearm on the job, which could make retaining their job difficult.
Consequence #3: Affect Your Child Custody Rights
When deciding custody rights, a court takes the child’s best interests into consideration. If someone has been convicted of a domestic violence crime, he or she could lose their custody rights. It could also affect their visitation rights.
The court would have to consider whether the defendant’s alleged violence had an effect on the child and whether the child would be in danger around the defendant.
Need a San Jose Domestic Violence Defense Attorney?
If you have been accused or charged with a domestic violence crime, then you should contact a domestic violence defense attorney as soon as possible. At the Law Offices of Thomas Nicholas Cvietkovich, we understand the lasting impact a conviction could have on your life.
You should not face these charges on your own. An experienced, domestic violence defense attorney could negotiate with prosecutors on your behalf to reduce or eliminate charges and penalties.
Contact our San Jose domestic violence attorney today to discuss the charges made against you. We help people defend themselves against domestic violence charges in San Jose and the surrounding Bay Area. Call us at (408) 898-9653 for a free consultation.