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What is Considered Domestic Violence?
Domestic violence is a term that can refer to a number of different charges – all of which involving the following elements:
- Abuse or violence (physical or threatened);
- Between individuals in a domestic relationship; including:
- Spouses, cohabitants, parents, relatives
Domestic violence can include assault, battery, sexual, financial, or emotional abuse inflicted on a current or former spouse, intimate partner, dating partner, or family member. The good intentions of the laws designed to protect an endangered person are too often taken advantage of by a partner or ex-partner with a different agenda. Hard feelings in breakups and divorces, or child custody disputes, too often lead to exaggerated or wholly invented accusations.
California takes domestic violence allegations very seriously and has a strict protocol for officers responding to domestic violence calls. Once the police arrive on the scene, there is a strong likelihood that someone will be arrested. The future of anyone arrested for uttering a threat in the heat of the moment or causing physical injury, even accidentally, is at risk. Ultimately, it is up to the prosecutor in the case whether to proceed with prosecution or not.
What Are the Penalties if Convicted of Domestic Violence in Santa Barbara?
No matter how innocent you may be, it will take the help of an experienced domestic violence attorney to protect you from the harsh penalties that follow being convicted of a misdemeanor or felony domestic violence charge.
The penalties may include:
- Anger management and counseling
- Probation
- Fines
- Community service
- Jail or prison time
- Parole
Even a firm statement from the alleged victim later that there was no threat or physical attack may not be sufficient to prevent charges. If you or a loved one has been charged with domestic violence, your best chances for a successful defense will come from the assistance of a criminal defense lawyer.
Lessem, Newstat & Tooson, LLP serves clients throughout Santa Barbara County & Southern California. Contact us today for a FREE case review!
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Navigating the legal system can be complicated. To maximize your chance of securing the best outcome possible, it is essential that you reach out to us without delay. When you hire our firm, we will work quickly to gather every detail, examine every piece of evidence, and build a strong case.
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