Strong Legal Defense Against Domestic Violence Charges in Sonoma County
Accusations of domestic violence carry serious consequences. A conviction can lead to jail time, a permanent criminal record, and the loss of parental rights. Courts often issue restraining orders immediately, preventing contact with family members, including children. These legal battles also impact child custody arrangements, so you need to have a Santa Rosa domestic violence attorney who understands both family law and court proceedings.
At the Law Offices of Evan E. Zelig, P.C., we have spent over a decade representing clients accused of domestic violence. Our firm is known for aggressive defense strategies and a commitment to protecting our clients' rights. Whether you're facing charges of domestic battery, assault, or threats, we will build a strong legal defense to challenge the accusations against you.
Contact us today for a confidential consultation.
Why Choose Our Santa Rosa Domestic Violence Lawyers?
Facing domestic violence allegations can have serious consequences, including jail time, restraining orders, and loss of child custody rights. You need a criminal defense attorney who understands both the legal and personal stakes involved in these cases. At the Law Offices of Evan E. Zelig, P.C., we provide aggressive representation to protect your rights and future.
Here’s why clients trust us to handle their domestic violence defense:
- Proven Success in Criminal Defense Cases: We have handled thousands of cases, representing clients accused of domestic violence and achieving favorable outcomes.
- Recognized Legal Excellence: Selected for Super Lawyers® Rising Stars℠ and awarded the Client Distinction Award by Martindale-Hubbell®.
- Available When You Need Us: We offer free consultations and answer calls 24/7 to provide immediate legal guidance.
- Experienced in Both Domestic Violence and Family Law Matters: Domestic violence cases often overlap with family law, including child custody disputes and court proceedings related to restraining orders. Our legal team is equipped to handle these complexities.
- Aggressive Defense Strategies: Whether negotiating a favorable resolution or taking a case to jury trial, we build a strong legal defense tailored to each client’s situation.
If you're facing domestic battery or other domestic violence charges, don't wait to get legal help. Call (707) 636-3204 for a free consultation with an experienced domestic violence attorney in Santa Rosa.
Understanding Domestic Violence Charges in California
California law treats domestic violence as a serious criminal offense, with penalties that can impact your freedom, reputation, and family life. A domestic violence charge applies when an alleged victim has a close relationship with the accused, such as:
- A current or former spouse
- A romantic partner (current or past)
- A co-parent of a child
- A person with whom you live or have lived
The law does not require physical injuries for a charge to be filed. Threats, intimidation, and other forms of abuse may also result in criminal prosecution.
Common Domestic Violence Charges
Domestic violence includes a range of criminal offenses, such as:
- Domestic battery: Unlawful physical contact, even without injury
- Corporal injury to a spouse or cohabitant: Inflicting injury that causes a visible wound
- Criminal threats: Verbal or written threats intended to cause fear
- Stalking: Repeated unwanted contact that causes fear
- Violating a restraining order: Ignoring a court-issued protective order
Courts take these cases seriously, especially when child custody is involved. Even allegations without physical evidence can lead to criminal charges. A criminal defense attorney experienced in representing clients accused of domestic violence can help build a strong legal defense against these accusations.
Penalties for Domestic Violence in California
A domestic violence conviction carries serious consequences, including jail time, probation, and mandatory intervention programs. The severity of the penalty depends on factors such as prior criminal history, the extent of any injuries, and whether a restraining order was violated.
Misdemeanor vs. Felony Domestic Violence
Domestic violence offenses can be charged as either misdemeanors or felonies, depending on the circumstances:
Misdemeanor Domestic Battery (Penal Code 243(e)(1))
- Up to one year in county jail
- Fines up to $2,000
- A mandatory 52-week domestic violence intervention program
- Possible restraining order restricting contact with the alleged victim
- Probation with strict conditions
Felony Domestic Violence (Penal Code 273.5)
- Two to four years in state prison (or more if serious injuries occurred)
- Hefty fines and restitution payments
- Loss of firearm rights
- Possible felony strike under California’s Three Strikes Law
The Impact of a Domestic Violence Arrest on Your Life
Many people underestimate how a domestic violence arrest—even without a conviction—can disrupt their lives. Beyond criminal penalties, accusations can affect:
- Your Reputation: Employers, landlords, and even personal relationships can be impacted by public accusations.
- Your Career: Many jobs conduct background checks, and a domestic violence charge may make it harder to get hired or keep a professional license.
- Your Custody Rights: Courts often take allegations seriously in child custody cases, potentially leading to supervised visitation or loss of parental rights.
- Your Immigration Status: Non-citizens may face deportation or visa complications if convicted of domestic battery or related offenses.
- Your Right to Own a Firearm: A domestic violence conviction can result in a lifetime firearm ban under federal law.
Even a first-time offense can have lasting consequences. If you're facing domestic violence charges, you need an experienced domestic violence attorney to build a strong legal defense.
Our criminal defense attorneys can challenge weak evidence, negotiate for reduced charges, and, if necessary, take your case to a jury trial.
Possible Defenses Against Domestic Violence Charges
A domestic violence accusation does not automatically lead to a conviction. Many cases rely on weak evidence, false allegations, or misunderstandings. A strong legal defense can challenge the prosecution’s claims and protect your future.
Common Defense Strategies
- False Allegations: Some accusations arise out of jealousy, revenge, or custody disputes. We analyze police reports, witness statements, and digital evidence to expose inconsistencies in the accuser’s claims.
- Self-Defense: If you acted to protect yourself or someone else from harm, you have the right to use reasonable force. A criminal defense attorney can present medical records, eyewitness accounts, or security footage to support your case.
- Lack of Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If there are no injuries, no witnesses, or conflicting statements, the case may be weak. We challenge unreliable testimony and demand concrete proof.
- No Criminal Intent: Some incidents result from accidents or misinterpretations. A push or grab may not meet the legal definition of domestic battery if there was no intent to cause harm.
- Violation of Legal Rights: If law enforcement failed to follow proper procedures, such as conducting an illegal search, failing to read Miranda rights, or coercing a statement, the case may be dismissed.
How an Experienced Domestic Violence Attorney Can Help
A domestic violence charge carries serious consequences, including potential jail time, restraining orders, and loss of child custody rights. A skilled criminal defense attorney understands the legal system and knows how to fight these charges effectively.
- Investigating False Allegations: Some accusations stem from personal disputes, custody battles, or revenge. We gather witness statements, text messages, emails, and other evidence to expose inconsistencies.
- Challenging Weak Evidence: Many cases rely on hearsay, exaggerated claims, or lack of physical evidence. We scrutinize police reports, cross-examine witnesses, and highlight gaps in the prosecution’s case.
- Filing Motions to Dismiss or Reduce Charges: If law enforcement violated your rights during the investigation, we may file a motion to suppress evidence or dismiss the case entirely.
- Defending You in Court Proceedings and Jury Trials: If the case goes to a jury trial, we aggressively argue for your innocence, present compelling evidence, and cross-examine the accuser to challenge their credibility.
- Negotiating for Reduced Penalties: In some cases, plea agreements can result in lower charges or alternative sentencing that avoids jail time. We explore every legal option to protect your future.
Why Early Legal Representation Matters
The sooner you hire a domestic violence attorney, the better your chances of building a strong legal defense. Restraining orders, child custody disputes, and court proceedings move quickly—delaying legal action can put you at a disadvantage.
What Should I Do If Arrested on Domestic Violence Charges in Santa Rosa?
Being arrested for domestic violence can overwhelm you, but how you respond can significantly impact your case. Follow these steps to protect your rights and build a strong legal defense.
1. Remain Calm and Exercise Your Right to Remain Silent
Anything you say to law enforcement can be used against you in court.
Politely decline to answer questions until you have spoken to a criminal defense attorney.
2. Do Not Contact the Alleged Victim
If a restraining order is issued, violating it can lead to additional charges.
Avoid any direct or indirect communication, including texts, calls, or social media messages.
3. Gather and Preserve Evidence
Write down everything you remember about the incident, including witness names, locations, and any relevant details.
If there are text messages, emails, or social media posts that support your side of the story, save them.
4. Identify Possible Witnesses
Neighbors, friends, or family members who were present or have relevant information may be key in court proceedings.
Your domestic violence attorney can interview witnesses to challenge false allegations.
5. Hire an Experienced Domestic Violence Attorney Immediately
A criminal defense attorney can:
- Analyze the evidence and build a strong legal defense
- Represent you in court proceedings and jury trials
- Fight to reduce or dismiss charges
- Help with child custody matters if they are affected by the case
6. Follow All Court Orders and Legal Advice
If the judge issues a restraining order, comply with its terms—even if you believe it is unfair.
Missing court dates or violating court orders can harm your defense.
Don’t take chances with your future. Contact our Santa Rosa criminal defense lawyers now to discuss your case and how we can help defend you.
What If the Alleged Victim Doesn’t Want to Press Charges?
Many people assume that if the accuser wants to drop charges, the case will automatically be dismissed. However, in California, the decision to prosecute rests with the district attorney—not the accuser.
Prosecutors may move forward with the case even if:
- The accuser recants their statement.
- The accuser refuses to testify.
- There’s little or no physical evidence.
If you or someone you know is facing charges, you must work with an experienced domestic violence attorney to challenge the prosecution’s case and fight for the best possible outcome.
Expungement: Can a Domestic Violence Charge Be Removed from My Record?
If you were convicted of a misdemeanor domestic violence offense, you may qualify for expungement under California law. Expungement can:
- Clear your criminal record for most purposes, including employment applications.
- Prevent potential employers from seeing your past conviction during background checks.
- Restore some civil rights, although firearm restrictions may still apply.
However, felony domestic violence convictions are harder to expunge. Our law firm can help you determine your eligibility and guide you through the expungement process.
Frequently Asked Questions About Domestic Violence Charges in California
How long do most domestic violence cases last?
The timeline varies based on the complexity of the case, whether it goes to jury trial, and the court's schedule. Some cases resolve in weeks, while others take months if there are motions, hearings, or negotiations involved.
How much does it cost to hire a lawyer for a restraining order?
Legal fees depend on case complexity and whether you're seeking or fighting a restraining order. Contact us for a consultation to discuss pricing.
What evidence should be collected in a domestic violence case?
Text messages, emails, voicemails, witness statements, photos of injuries, and police reports all serve as evidence. If facing charges, gathering documents that establish an alibi or contradict accusations can be crucial.
How can someone recant a domestic violence statement?
Recanting a statement doesn't guarantee a dropped case. Prosecutors may proceed based on other evidence. A person wishing to correct a statement should seek legal guidance before making any changes.
Contact Our Domestic Violence Lawyer in Santa Rosa Today
At the Law Offices of Evan E. Zelig, P.C., we fight for the best possible outcome in every case. Call (707) 636-3204 or contact us online to discuss your defense options with a Santa Rosa domestic violence attorney.