DOMESTIC VIOLENCE FAQ
Experienced Domestic Violence Defense Attorneys in Newport Beach
If you have been charged for domestic violence in Newport Beach, you likely have a range of questions that you would like answered immediately. The Law Offices of Randy Collins is here to help you understand everything you need to know about these complicated and emotional charges.
Please review our list of domestic violence FAQs. If you have any additional questions, do not hesitate to call our Newport Beach domestic violence lawyers at (844) 987-2999.
What Is Domestic Violence?
In California, domestic violence is simply defined as abuse against an intimate partner. “Abuse” occurs when an individual intentionally or recklessly uses or threatens to use physical force against the victim. An “intimate partner” can be a current or former spouse, registered domestic partner, fiancé, live-in romantic partner, or a person with whom the accused has had a child.
In addition to intimate partners, several other persons can be considered victims of domestic violence. This includes the defendant's child, as well as any other person related to the defendant by blood or marriage to the second degree, such as brothers and sisters, grandparents, and aunts and uncles.
What Are the Penalties tor Domestic Violence in California?
The consequences of a domestic violence conviction in California can include:
A protective order against you
Loss of custody rights
A permanent criminal record
Loss of gun rights
Mandatory enrollment in a batterer’s intervention program
What Is a Protective Order?
A protective order, or domestic violence restraining order, is an official injunction from the court that requires the accused to refrain from threatening, harassing, or harming the alleged victim. The particular terms and conditions of protective orders vary from case to case. While all restraining orders prevent the accused from contacting the alleged victim, other terms may include releasing or returning property, giving up possession of any guns, paying spousal and/or child support, and attending a 52-week batterer intervention program.
How Long Does a Restraining Order Last in California?
The duration of a protective order in California depends on the type of order.
There are three types of domestic violence restraining orders, including:
Emergency protective order – lasts for five business days or seven calendar days, whichever is shorter
Temporary restraining order – lasts for up to 15 days or until the full-court hearing, which is typically in three weeks
Restraining order after hearing – lasts from three to five years initially, after which the victim may request an extension for an additional five years or permanently
Should I Plead Guilty to a Domestic Violence Charge?
Unfortunately, numerous innocent people are charged with domestic violence every single day. Many choose to plead guilty because they don't think the court will truly listen to their side of the story. In other cases, the prosecution team convinces the defendant to take a plea bargain to avoid facing a maximum penalty.
The good news is that there are many defenses two domestic violence charges. Before you choose to plead guilty to your charges, a decision that will impact you for the rest of your professional and personal life, consider consulting with our experienced criminal defense attorneys. We have successfully handled thousands of cases and are passionate about getting our clients' charges dropped.
Contact the Law Offices of Randy Collins at (844) 987-2999 today to schedule your free consultation with our Newport Beach domestic violence attorneys. We serve the accused in Orange County and Riverside.