Sacramento Domestic Violence Lawyer

Sacramento Domestic Violence Attorney

Dissolution Of Marriage

When you’re getting married, divorce is never the plan. After all the time you have spent building a life together, it can be difficult to decide to go your separate ways.

With so many pieces woven together, the process of divorce may become emotional and complicated. There is more to a divorce than just the dissolution of marriage. There are all the pieces of a life spent together that now must be assigned a value and divided between you and your spouse.

The Law Offices of Dianne M. Fetzer can help you negotiate the terms of your divorce. A knowledgeable Sacramento domestic violence lawyer can help you know what to expect from the process and fight for a fair agreement.

Accusations of domestic violence are taken very seriously, as the physical and mental impact these actions can have on a victim is profound. They can range from minor cuts and bruises and hurt feelings to severe injuries and mental anguish. The abuse can manifest in many different ways, including physical harm and mental manipulation or intimidation as a form of control. A Sacramento domestic violence lawyer can help.

Understanding the Legal Process in Domestic Violence Cases

When a case of domestic violence is reported, the accused risks facing serious legal repercussions if there is compelling evidence against them. Depending on how severe the reported incident was, the alleged domestic abuser could be charged with a misdemeanor or felony. Legal proceedings will go on to determine if the allegations are true and, if so, what level of punishment will be most appropriate.

Many kinds of evidence can be used in these cases to prove the abuse happened. This could include a detailed police report, surveillance footage of an incident occurring in public, and statements from witnesses who observed the relationship in question.

The Role of Criminal Defense in Domestic Violence Cases

It can be distressing to face domestic violence charges, especially when you’re aware of how a guilty verdict could completely alter your life. It’s critical to keep in mind that being accused of illegal conduct does not equate to an automatic conviction. Everyone has the right to connect with a defense attorney and defend themselves in front of a jury of peers and a judge. Some common defense strategies used to defend against these allegations include:

Lack of Evidence

In order for the prosecution to prove their case, they will need to present sufficient evidence that suggests the defendant engaged in domestic violence beyond a reasonable doubt. Not all evidence is adequate enough to convince a court. For example, a defense attorney could question the credibility of a witness during cross-examination or present an alibi to the court that would make it impossible for their client to have been at the scene of an alleged incident.

Self-Defense

Everyone has the right to defend themselves and others against direct threats of violence. Claiming that an individual’s actions were an act of self-defense rather than domestic violence is a commonly used strategy under certain circumstances. For example, if the defendant claims the alleged victim attacked them first, this could shift the conversion toward who should actually face domestic violence charges.

False Allegations

It’s an unfortunate reality that false allegations make their way to the courtroom from time to time. This can happen for many different reasons, such as when two individuals are already battling over custody issues. Sometimes, one parent will unlawfully accuse the other of domestic violence in an attempt to obtain full custody of their children. If this is the case for you, your defense attorney will need solid and compelling evidence to present this argument in court.

Lack of Intent

Being able to prove “intent” in a domestic violence case is critical when the defense claims that they did not mean to cause harm. This defense is often applied in scenarios where a defendant claims the abuse happened by accident. For example, if they accidentally pushed their partner while trying to walk past them in the middle of a heated argument. The court may only accept this defense if it’s clear there was no intent to harm.

Inconsistencies in Witness Testimonies

Proving third-party accounts of what happened is important to do in any legal case. It can help combat concerns of bias coming from the narrative of the prosecution. It is possible to question the validity of a witness’s testimony if you can spot certain discrepancies or contradictions in their version of events. Your defense attorney will need to highlight these in court to call into question the credibility of the witness.

The Impact of Domestic Violence On Child Custody And Spousal Support

Understanding and dealing with domestic violence can be terrifying and confusing. You may have concerns about your divorce settlement and what could happen even after everything has concluded.

A history of domestic violence can have a significant impact on child custody. While the court may find a way for both parents to still have contact with the children, the judge may require limitations on visitation. This could include having a third party supervise visits.

Domestic violence can impact both child and spousal support. For example, victims of domestic violence may not have to pay spousal support to aggressors.

Talking with an attorney in Sacramento, CA about your situation can help you understand what comes next and how to move forward.

FAQs

How Can I Win a Domestic Violence Case in California?

If you want to win a domestic violence case in California after being accused of this abusive behavior, you need to build a solid defense strategy. The focus of this strategy needs to challenge all of the evidence that is being presented against you. You could work with your defense attorney to discredit some of this evidence or argue that you acted in self-defense or out of fear that you would be harmed.

What Is the Punishment for Domestic Violence in California?

No two punishments are alike for domestic violence in California, as they are given based on the nature of the offense and if it was severe enough to be classified as a misdemeanor or felony. The lighter of the two, misdemeanors, are more likely to assign penalties that include fines and required anger management classes as a form of punishment. While jail time is not an impossibility for misdemeanor charges, it is more likely for those charged with a felony.

How Can I Obtain a Domestic Violence Case Dismissal in California?

If you are looking to have a domestic violence case dismissed in California, you need to work with an attorney to defend yourself against the allegations with compelling evidence. Expungement is possible before advancing to court through negotiations with opposing counsel. During these conversations, both sides will share their approach to the case. If both sides can agree to a final outcome, the case can be closed and avoid going to trial.

What Makes an Effective Domestic Violence Defense Attorney?

The most effective defense attorneys for domestic violence cases have a strong understanding of California’s complex legal system and the domestic violence laws that guide these discussions. They are skilled at gathering compelling evidence to defend their client and poking holes in the prosecution’s case. A good attorney also has excellent persuasion and negotiation skills that they can leverage during discussions with the prosecution and during a trial.

Contact Our Sacramento Domestic Violence Lawyer Today

The process of getting a divorce in Sacramento, California can be complex. Family law matters can add layers of complexity to the proceedings. The Law Offices of Dianne M. Fetzer can help you understand what to expect from the process and what alternative options may be available to you.

To set up an initial consultation at a reduced fee, call our Sacramento office at 916-565-1200 or contact us online to make an appointment. Our team can evaluate your case and give you the support and guidance you need to proceed.