Pasadena Domestic Violence Attorney

Allegations of domestic violence can quite literally destroy your life. You are looking at the possibility of losing the rights and privileges you previously enjoyed and a life-long criminal record.

Aside from the potential jail time and expensive fines you would have to pay fines due to criminal charges, opportunities previously available might close their doors to you and your family, and you might find it difficult to get them back.

But, you can prevent this by hiring a domestic violence lawyer who can give the best defense for the case you might be facing now or in the future. Hurwitz Law Group attorneys can provide the legal representation you need through their excellent domestic violence lawyers.

Skillful Representation From Our Proficient Pasadena Domestic Violence Attorney

Domestic violence cases require a delicate touch since it always involves heartbreaking stories of two people that have fallen out of love and have devolved into instances of hurt and abuse. These stories worsen if children get mixed up and unjustly suffer from emotional abuse due to the actions of their parents.

You need Pasadena domestic violence lawyers proficient not just in family law but also capable of taking into account the best interest of the parties involved and doing everything in their power to make it as painless as possible.

The Hurwitz Law Group Law Firm is California's largest exclusively criminal defense law firm. We have over 10 years of criminal defense experience with a diverse membership of staff and lawyers who have seen and successfully handled almost every domestic violence case imaginable. Add this to their comprehensive support network, and their clients get the best help they can get.

Statistics of Domestic Violence in California

According to the Family Crisis Center, more than 10 million adults experience domestic violence per year in the United States, with almost all experiencing systematic and repeated abuse.

Moreover, the Centers for Disease Control and Prevention (CDC) documented that 1 in 4 women and roughly 1 in 10 men experience domestic violence and suffer lifelong impacts such as being constantly concerned for their safety.

Unfortunately, children are also indirect victims of domestic violence. According to the Juvenile Justice Bulletin, around 1 in 15 children are exposed to intimate partner violence each year, and 90% of these children are eyewitnesses to these brutalities.

What Is Considered an Act of Domestic Violence in Pasadena, CA

The California Penal Code § 13700(b) defines domestic violence as committing violence against a spouse, cohabitant, or romantic partner. The California Penal Code specifically refers to present and former partners.

This comprehensive enumeration of the circumstances of domestic violence effectively defines almost all relationships. Under this legal statute, it is essential to note that there is no distinction between traditional heterosexual and same-sex relationships. However, the law can also apply to same-sex couples under California laws.

Types of Domestic Violence Cases Recognized by the California Law

There are many instances of domestic violence recognized under California Law. The most common violations are the following:

273.5(a) PC: Corporal Injury to Spouse or Cohabitant

California Penal Code § 273.5(a) PC defines corporal injury to spouse or cohabitant as any attempts at inflicting corporal injury resulting in a traumatic condition upon a victim. The law further states that a "traumatic condition" means the presence of an apparent wound or any injuries inflicted from physical abuse.

We see that in paragraphs, several elements should be present to get a conviction of domestic violence.

1. There is a willful and intentional act by the defendant to inflict personal injury on their partner;
2. The corporal injury caused a traumatic condition; and
3. The domestic abuse defendant was not acting in self-defense.

This particular offense is a wobbler offense which means it can be punished as either a felony or misdemeanor depending on the injuries inflicted and other facts surrounding the case.

243(E)(1) PC: Domestic Battery

We can find the crime of domestic battery in California Penal Code § 243(e)(1) PC. Domestic battery under this legislation is the willful and unlawful use of force or violence upon a partner.

Under this definition, you can be guilty of violating this law even if the receiver of the attack does not suffer any injury or actual pain. The law is satisfied as long as the victim is touched offensively.

The prosecution must prove the following elements during the trial:

1. The defendant has willfully and intentionally offensively touched the victim;
2. The alleged victim is a cohabitant, spouse, fiancé, fiancée, former spouse, co-parent, or person the defendant has dated in the past.

646.9 PC: Stalking and Cyber Stalking

The California Penal Code Section 646.9 PC defines the crime of stalking as maliciously and intentionally harassing or following the victim, threatening their safety in both public and private places.

Under the law, a conviction will stand if the following elements are present:

1. The defendant willfully maliciously and continually follows or willfully and maliciously harasses the victim; and
2. There must be a credible threat with the intent to place that person in reasonable fear for their safety or their immediate family members.

The law defines harassing as the willful and intentional conduct that torments, alarms, annoys or terrorizes the victim with no legitimate purpose.

On the other hand, a credible threat is a threat that causes a reasonable fear for their safety or the protection of their immediate family. The person making the threat must seem capable of carrying it out.

One can make threats verbally, electronically, or in writing and merely through the threatener's words and conduct. In most instances, threatening behavior must take a certain period to show a continuing purpose.

273.6(a) PC: Violating a Court Domestic Relations Protective Orders

California Penal Code § 273.6 PC explicitly addresses the crime of violating a court's domestic relations protective order. Proving this crime requires the presence of several elements, such as:

1. There is a lawfully issued protective order by a court against a person from coming near a particular person or refraining from certain acts;
2. The defendant has the ability and mental capacity to follow the order;
3. The person is fully aware of the court order and validly served in the method prescribed by law; and
4. The defendant violated the order.

422 PC: Criminal Threats

Under California Penal Code § 422 PC, threatening the victim's life in various mediums, such as electronic mail or implied action, violates California Law. According to this statute, the following elements must be present to sustain a conviction:

1. There is a threat to commit a crime that will result in death or significant bodily injury to another person;
2. The threat was made verbally, in writing, or employing an electronic communication device;
3. Implied statements were taken as a threat even if there was no intent to carry it out; and
4. The threat causes the person to reasonably have a state of sustained fear for their safety or the safety of their immediate family.

136.1 PC: Dissuading a Witness From Reporting a Domestic Crime

Under California Penal Code § 136.1 PC, preventing the witness from making a statement is a criminal offense. Moreover, the law also covers the crime of threatening a victim from appearing or testifying in court.

This legal statute also covers preventing the victim or a witness from doing the following lawful acts:

1. Appearing to testify during any legal proceeding;
2. Reporting a crime;
3. Assisting in the prosecution of a crime; and
4. Assisting law enforcement officers in the arrest process.

For the crime to sustain a conviction, the alleged victim must prove that they have reason to believe that a federal or state crime was against them.

The Consequences of a Domestic Violence Conviction in Pasadena, CA

Cases of domestic abuse have varying consequences and depend on the severity and frequency of the acts. If found guilty, felony or misdemeanor charges will apply, meaning there will be serious penalties or jail time for those who have been found guilty.

However, there are other consequences not explicitly written in the laws, such as

1. The denial of status, immigration, or naturalization petitions;
2. Deportation or removal from the country;
3. Denial of gun license;
4. Forced counseling;
5. Loss of employment for certain professions and other such opportunities;
6. The imposition of restraining orders; and
7. Revocation of the right to vote.

Remember that these consequences are just some of the possible results of a conviction. Other consequences may include loss of trust and confidence in the community and social circles, suspension of rights and privileges, the permanent recording of your criminal record, and many others.

What You Need To Understand About Restraining Orders Under California Law

A restraining order, in general, is a legal document the court orders to protect victims from harm. The imminent harm may be physical, financial, or emotional and can even protect from harassment or stalking.

On the other hand, domestic violence restraining orders carry more weight as they can last up to 5 years and are free to file, showing how much the law gives importance to criminal cases such as domestic violence.

How Can a Criminal Defense Attorney Help With Your Case?

A criminal law practice with a Pasadena domestic violence attorney will help you navigate your case and give you the best possible result, considering the statements and evidence against you. Whether or not the allegations are true, a criminal defense lawyer will help you get an acquittal or, at the very least, help minimize the serious penalties you might be facing.

Our Guarantee at Hurwitz Law Group

At Hurwitz Law Group, we guarantee you will work with California's largest exclusive law office dealing with criminal matters. Our attorneys are highly experienced and will be able to give you the defense you need and deserve, especially for allegations of domestic violence.

We also offer free consultation for those still testing the waters and looking for the best legal representation for their case. This will include formal legal advice and explaining all your legal options free of charge to give you a better understanding of the situation and the possible scenarios you might be facing for the domestic violence case against you.

With our wealth of experience, we can help you avoid extensive jail time, expensive fines, and other legal repercussions of domestic violence charges.

Let Our Expert Pasadena Domestic Violence Lawyer Help You

You shouldn't take domestic violence charges lightly. You could face a life-changing event in your life, and the law will most likely side with the victims if you don't get proper legal representation.

Your life and reputation are at risk, and even the allegation of an offense will change your life. The Hurwitz Law Group is a team of compassionate and dedicated individuals with legal specialization in domestic violence who will stop at nothing to defend your interests.

Justice is not only for the crime victims but also for those wrongly accused or willing to look for a second chance at life.

A domestic violence lawyer will advocate for you and will defend your case. Contact our reliable Pasadena domestic violence attorney at 323-244-4147 to arrange your free consultation.