Orange County Domestic Violence Attorney
Orange County domestic violence attorney EJ Stopyro has been successfully defending domestic violence charges in the Orange County courts for more than 14 years. Domestic violence charges can be one the toughest charges for the DA to prosecute–if the case is defended by a skilled, experienced domestic violence attorney. Charges handled by our office include;
What is Domestic Violence?
Domestic violence is a crime of violence, including an assault & battery or threat of injury, between two people who are in a close relationship. (e.g., parent, spouse, ex-spouse, domestic partner, cohabitant, boyfriend or girlfriend.) If you are facing charges for domestic violence it is important that you consult with an Orange County domestic violence lawyer right away.
Any domestic violence attorney in Orange County knows it is not uncommon for an innocent person to be arrested for domestic violence. Often, one person will allege domestic violence against another in order to gain an upper hand in a child custody dispute or out of jealousy or spite.
Can The Victim Drop a Domestic Violence Charge?
Your domestic violence attorney will tell you that it is the State of California who is pressing charges against you,…not the victim. So even if the victim doesn’t want to press domestic violence charges, it’s out of their hands. In fact, the District Attorney
(“DA”) will usually compel the victim to testify by personally serving them with a subpoena.
Is Domestic Violence a Felony or a Misdemeanor?
Domestic violence crimes in Orange County are usually “wobblers”. This means that the DA can file the charge as either a misdemeanor or a felony. Whether domestic violence is charged as a felony or a misdemeanor in Orange County generally depends on the seriousness of the injury, the extent of your criminal record and whether you are also charged with other crimes such as violating a domestic violence protective order
, or a drug offense
. In most cases, if a defendant has any prior domestic violence convictions within the past ten years, the law REQUIRES some mandatory jail time.
Why Should I Consult With A Domestic Violence Attorney In Orange County?
Aside from the stigma of having a “domestic violence” conviction on your record, these crimes also carry enhanced penalties, including increased jail time, possible mandatory jail time, electronic monitoring, and a mandatory minimum year-long “batterer’s treatment” program
. Your Orange County domestic violence attorney will tell you that in domestic violence cases the court will issue a “protective order” (essentially a restraining order), requiring you to cease all assaultive contact with the victim and often to “have no contact with the victim”. These orders are routinely issued to protect the victim whether the victim wants it or not. If you violate the protective order you run the risk of having your bail or “own recognizance” release revoked and being jailed until your case is resolved. Moreover, any domestic violence defense lawyer will tell you that violating a protective order is itself a crime. Your domestic violence attorney should, as early as possible, make a motion to have the protective order removed or modified to allow for “peaceful contact” between you and the victim.
Free Telephonic Consultation With An Orange County Domestic Violence Attorney
What should you do after a domestic violence arrest? First, if you have been served with a protective order, make sure you comply with its terms until your domestic violence defense attorney can get it modified at the arraignment or thereafter. Even a text or voice message can result in the judge revoking your bail or own recognizance release and order you to be jailed until your case has been resolved. Obeying all the terms of the protective order is the best way of protecting your freedom now.
Then, consult with an experienced domestic violence attorney. We offer a free telephonic consultation and case evaluation. Call us at (949) 559-5500 to speak to a seasoned domestic violence lawyer in Orange County to learn what will happen in court, the strengths and weaknesses of your case, the penalties for the charges you face and any possible defenses in your case.