Domestic Violence cases involve any individual who is a family member, spouse, girlfriend, boyfriend, co-inhabitant, fiancée or a former spouse, girlfriend, boyfriend or co-inhabitant.

Any time the police are called in a domestic dispute, someone will most likely be arrested and it is often the person who called the police. Once an arrest occurs, a police report is filed with the District Attorney and it is then up to the District Attorney’s office to determine whether or not criminal charges will be filed. It is not up to the individual or alleged victim to “drop the charges.” The only one with the ability to drop charges is the district attorney. Unfortunately, because many domestic violence victims recant out of fear of retaliation or remorse, the district attorney’s office will not generally listen when an alleged victim comes to them after the fact and says that nothing happened.

The punishment for domestic violence offenses involves a 52 week “batterer’s treatment program”, fines and community service. Additional punishment may be required by the district attorney or court depending on the seriousness of the offense.

Restraining orders are also almost always imposed requiring that the person charged stay away from the alleged victim. Many times, individuals are forced to leave their homes and have no contact with their family in order to obey these orders.

Child Endangerment: If children are present during a domestic violence incident the district attorney's office will often charge child endangerment along with the domestic violence charges. A conviction for child endangerment can lead to the involvement of social services.

Child Endangerment can also be charged if a child is in the car during while someone is driving under the influence or if drugs or weapons are present in any situation.

These cases can be filed as misdemeanors or felonies. An experienced criminal defense attorney can often get the district attorney’s office to reduce charges from felony to misdemeanor charges.

If you are faced with these charges, an experienced criminal defense attorney is needed to assist you.

For more information, please call Attorney Diane Bass at 949-494-7011 or contact us online today.