Huntington Beach Domestic Violence Attorney
Domestic violence is a serious issue, not only in Huntington Beach, but in California and the nation as a whole. The Huntington Beach domestic violence attorney at the Johnson Criminal Law Group has seen too many instances of family conflicts becoming a tragic he said/ she said battle about domestic violence. Huntington Beach is certainly not immune to these types of situations of bitter divorces, alimony complaints, and personal attacks over issues of child custody. When there is presence of a domestic violence charge during a child custody case, it can further complicate the proceedings due to the court’s concern over the possibility of a child being hurt. A domestic violence case has the potential to seriously affect one’s child custody rights, so the importance of fighting for justice Domestic violence is a crime and it should not be accused lightly, but too often it is used for personal gain, which can destroy the accused person’s life, even if it turns out to be a false allegation. These false allegations may even be intensified if the supposed offender has a criminal record or has been convicted in the past. They may see this as even more evidence that you could be guilty of a crime that you did not commit, regardless of whether or not you have changed for the better since your past criminal charges. Also, due to the fragile nature of domestic violence cases, even if the alleged victim were to also make false accusations of domestic violence, they would often be perceived by the jury or the court as infallible in their eyes in the sense that even if they do alter their stories or show signs of inconsistency, that might be considered even more evidence of domestic violence. Another factor that complicates the charge of domestic violence is the fact that the necessary legal components that must be present in order for a crime to be considered domestic violence are quite loose. Having an experienced attorney that knows how to deal with cases where false accusations are present are incredibly important in order to help mitigate any false charges.
There are broad provisions in California Penal Code section 273.5 for domestic violence, which includes the crime of bodily injury on a current or former spouse, a person with whom you live or have lived, or the mother or father of your child. This section includes many types of “violent injury,” including something as slight as a bruise or swelling. The other section that is often used in domestic violence cases is Penal Code section 243(e)(1), which is domestic battery. It makes it a misdemeanor, in other words a less serious crime than a felony, to use force against the same categories of people. This section does not require any visible injury at all.
Our Huntington Beach domestic violence attorney believes passionately in her criminal defense work and has experience advocating for criminal defendants accused of domestic violence. For a free consultation about your case, call the Johnson Criminal Law Group at (949) 622-5522.