Domestic Violence FAQs
Our San Jose Domestic Violence Attorney Answers Your Questions
Domestic violence can occur between romantic partners or members of the same household. In California, domestic violence is against Penal Code Sections 273.5 and 243(e). You could suffer financial, criminal and professional consequences if you receive a conviction for domestic violence. However, there are cases where a partner or member of a household wrongfully accuses someone of domestic violence. Depending on the circumstances, it may be possible to reduce or dismiss the charges. Below, our San Jose domestic violence attorney discusses what to know about domestic violence charges in California.
- Does Domestic Violence Affect Child Custody?
- Does Domestic Violence Affect Gun Rights?
- Is Domestic Violence a Felony?
- Is There a Difference Between Corporal Injury and Spousal Battery?
- Can Domestic Violence Charges Be Dropped?
- How Long Do You Go to Jail for Domestic Violence?
- How Long Does Domestic Violence Stay On Your Record?
Does Domestic Violence Affect Child Custody?
A domestic violence conviction could affect child custody agreements and orders during a divorce. Ultimately, courts must act within the best interest of children during divorce proceedings. Courts may issue protective orders in cases where one parent has a history of domestic violence. In other cases, a court may allow supervised custody if one parent cannot safely be alone with the child.
Does Domestic Violence Affect Gun Rights?
A domestic violence conviction could affect your ability to own or purchase a firearm. The federal Domestic Violence Offender Gun Ban, also known as the Lautenberg Amendment, could bar you from owning a firearm for life. You could also be banned from owning or purchasing a firearm for 10 years if you are convicted of stalking.
California’s law, which went into effect at the beginning of 2019, extends the ban to cover defendants who have current or former intimate relations with the plaintiff. This means the firearm ban extends to a former girlfriend or boyfriend, cohabitant or fiancé.
Is Domestic Violence a Felony?
It can be. Domestic violence is a wobbler offense, meaning it can be either a felony or misdemeanor depending on the circumstances. Many domestic violence defendants are arrested on suspicion of corporal injury to a spouse, a violation of Penal Code Section 273.5. This can be a felony or misdemeanor.
Is There a Difference Between Corporal Injury and Spousal Battery?
In California, police arrest domestic violence defendants for corporal injury to a spouse or spousal battery. Both are a violation of California Penal Code. Corporal injury to a spouse is often a felony, and is where the spouse suffers a serious injury.
If you receive a conviction for corporal injury to your spouse, you could receive up to four years in prison and a fine of $6,000.
Can Domestic Violence Charges Be Dropped?
Domestic violence charges can be dropped under the right circumstances. You may be able to demonstrate that you were acting in self defense. Additionally, you may be able to demonstrate the other party is not telling the truth.
What Sets Us Apart?
Local Knowledge & ExperienceWe are a Northern Californian- founded and run firm giving us unique insight into the court system.
Well-Known & Respected TeamThe attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations.
Dedicated & Experienced CounselOur firm has over 15 years of experience and has successfully handled more than 4,500 cases.
If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today.
“Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.”
“No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.”
“Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.”
“I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.”
“Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.”
How Long Does Domestic Violence Stay On Your Record?
Forever. If you receive a domestic violence conviction, it stays on your record. It is very important to consider working with a criminal defense attorney if you are facing any type of criminal charge. Contact our San Jose domestic violence attorney to schedule a free consultation.
You Deserve an Advocate
Free & Confidential Consultations