Friday, 03 September 2010
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Criminal Defense & Traffic Law

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Domestic Violence PDF Print E-mail
"I am passionate about representing those accused of Domestic Violence because those cases are often handled the most poorly by police. Domestic violence charges refer to certain types of crimes in which the victim is a co-habitant or family member. The underlying charge in a domestic violence case may include charges such as spousal abuse, elder abuse, willful infliction of bodily injury on a co-habitant, child abuse, child endangerment and others.


Current Law and Penalties:

The Court and the District Attorney take domestic violence cases very seriously. Charges may be filed even if the victim refuses to testify or later pleads with police to drop charges. In fact, the police and district attorney are required to pursue the case, even if the accuser recants the accusation.

Bail is set high, between $25,000 to $50,000 for most cases. The Court may issue a restraining or protection order which could prevent you from returning to your home, seeing your children, or having contact with your spouse.


NEW LAW! Effective January, 2009: The California Civil Code of Procedure section 1219, states that a judge can no longer hold a domestic violence victim in contempt (and place him or her in jail) just because that victim refuses to testify against his or her spouse or co-habitant. Prior to this new law, a Judge could take a victim into custody if the victim refused to testify!  


If convicted of a domestic violence offense you may be:

  • sentenced to jail or prison
  • be required to take a 52 week course of anger management
  • 52 weeks course of parenting classes
  • drug or alcohol treatment, and/ or
  • spousal battery classes
  • a large fine is also imposed

When negotiating a disposition, I always place my client in the best possible light. This may mean recommending my client enroll in AA or anger management classes prior to appearing in court so that the D.A. and the Court will have mitigating factors to consider. Sometimes, the D.A. will refrain from making charges or drop charges in a situation where the evidence is weak and the client shows he is addressing any personal issues that may have contributed to the incident.

As your attorney, it is my goal to protect your rights, get you out of jail, keep you from serving more time, and to prevent a restraining order from interfering with your ability to see your children, your spouse and your family. I will also advise you as to the best possible course of action; whether that means fighting the case at trial, or negotiating a disposition in which your job, family and financial security is not negatively impacted."

So, if you have been arrested or charged with any crime, call me, an experienced domestic violence attorney, immediately.

Call toll-free today for a free consultation or fill in our quick case evaluation form for immediate answers to your complex questions.
(877) 3-LAW-NOW
(877) 352-9669

An attorney is available to speak with you 24 hours a day.

Never speak to the police about your case-anything you say will be used against you. Exercise your right to remain silent until you have an attorney present. It is always a mistake to give any explanation or make any statement to police. As your attorney, I will protect you at every stage of proceedings, even before criminal charges are filed.
 

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The Law Office of Ann Gottesman delivers aggressive representation and personal attention with a special demeanor that District Attorney's and Judges respect!





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