Domestic Violence

What Is Domestic Violence?

Domestic violence is one person is trying to control another person who was their spouse, cohabitant, or fellow parent. The person who exercises control is called the perpetrator and the other person is called the victim. Although domestic violence in general includes many types of control (ie: verbal or financial), the District Attorney's Office only prosecutes perpetrators who exercise physical control over the victim, and by doing so, cause a physical injury.

What are the Consequences?

If you are accused of domestic violence, you may be charged with a felony[1] or misdemeanor [2]. The District Attorney will take in account many different factors in deciding how to charge you, including the seriousness of your physical act (ie: strangling versus scratching), the victim's injury (ie: bruising versus open wound), and their office policy. Regardless of how you are charged, the consequences are equally serious and generally include: 3-4 years probation, 52 week batterer's treatment program; criminal protective order[3], at least 30 days in custody, community service, restitution to the victim, firearms prohibition, domestic violence fine, and standard fines and fees. Worst of all, the domestic violence conviction will go on your permanent record and affect your future employment, state licensing and other benefits. Also, if you have a current or prospective case in family court involving child custody, a domestic violence conviction may negatively affect your custody rights over the child.[4]

How We Can Help You

Lavy Law is the best firm to help you win your domestic violence case. As a former prosecutor who has handled a multitude of domestic violence cases, we have insider's knowledge on how to get your charge dismissed or reduced. As a trial attorney who has taken domestic violence cases to trial, we know how to win your case before a judge or jury. As a domestic violence counselor who actively volunteers at a domestic violence shelter in San Francisco, we know how to empower you during this intimidating process like a coach would during a game.

Unlike most firms who limit their practice to criminal court, Lavy Law can help you defend your domestic violence case in family court and immigration court due to our multilateral experience. If you are the perpetrator, this means that your Lavy lawyer will protect you from being punished multiple times by multiple courts. If you are the victim, this means that your Lavy lawyer will provide you with better protection by using the tools offered by every court.

We encourage you to read our Recent Cases to see that we have won a case just like your own.

If you are you accused of a domestic violence offense, Contact Us for a free consultation.

[1] A felony is the most serious of crimes, punishable by years in prison.

[2] A misdemeanor is defined as a less serious crime than a felony, punishable by one year or less in local county jail.

[3] A criminal protective order is a court order that prevents a person from harassing, contacting and coming within a certain distance of victim(s) and their residence.

[4] Under Family Code section 3044, a domestic violence conviction creates a rebuttable presumption that an award of sole or joint physical or legal custody of a child is detrimental to the best interest of the child.

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