Domestic violence charges carry heavy consequences that extend far beyond the courtroom. An accusation can affect your freedom, your family relationships, your career, and even your ability to live in your own home. In California, law enforcement takes these allegations seriously, often making arrests on the spot—even before all the facts are known. If you’re facing such charges, having an experienced defense attorney on your side is essential to protecting your rights and your future.
Understanding Domestic Violence in California
Domestic violence refers to abuse or threats of abuse against someone you have a close relationship with, such as a spouse, romantic partner, co-parent, family member, or roommate. The alleged abuse can be physical, emotional, or even financial in nature. Common charges include:
- Domestic battery
- Corporal injury to a spouse or cohabitant
- Criminal threats
- Stalking
- Violation of a domestic violence restraining order
These charges can be filed as misdemeanors or felonies, depending on the severity of the allegations, the presence of injuries, and any prior criminal history.
The Immediate Impact of an Arrest
In many cases, law enforcement will remove the accused from the home and issue a protective order that limits or prohibits contact with the alleged victim. This can disrupt family life, prevent you from seeing your children, and cause emotional and financial strain. Even before a conviction, the damage to your reputation can be significant.
How Former Prosecutor Experience Strengthens Your Defense
At Simmons Wagner, LLP, we understand domestic violence cases from both sides. Having served as prosecutors, we know the strategies law enforcement and the District Attorney’s office use to pursue convictions. This insight allows us to anticipate their arguments, identify weaknesses in their evidence, and build a defense that challenges the case at every stage.
Common Defense Strategies
Defending against domestic violence charges requires a thorough review of all evidence and circumstances. Depending on the facts of your case, we may:
- Argue that the accusations are false or exaggerated, often stemming from custody disputes or personal conflicts
- Present evidence of self-defense or defense of others
- Challenge the credibility of witnesses and alleged victims
- Point out inconsistencies in police reports or testimony
- Question the legality of any search, seizure, or interrogation
Because domestic violence cases can hinge on conflicting statements, careful cross-examination and factual analysis are critical to creating reasonable doubt.
Collateral Consequences of a Conviction
Beyond fines and jail time, a domestic violence conviction in California can:
- Lead to mandatory counseling or anger management programs
- Result in loss of child custody or visitation rights
- Prohibit firearm ownership under federal law
- Limit employment opportunities, especially in certain professions
- Impact immigration status for non-citizens
Understanding these consequences is key to making informed decisions about your defense strategy.
The Importance of Early Action
The sooner you hire an attorney, the more opportunities there are to protect your rights. Early intervention allows us to gather evidence, speak to witnesses, and sometimes negotiate with prosecutors before charges are formally filed. In certain cases, we can work toward having charges reduced or dismissed entirely.
Take Control of Your Future
Facing domestic violence allegations is overwhelming, but you don’t have to face them alone. At Simmons Wagner, LLP, we are committed to defending your rights, protecting your reputation, and pursuing the best possible outcome in your case.
If you have been accused of domestic violence in Southern California, contact Simmons Wagner, LLP at (949) 439-5857 today for a confidential consultation. We will stand by your side and fight for your future.