Costa Mesa
Domestic Violence Lawyer

Definitions of Domestic Violence

Most people consider domestic violence as simply referring to violence committed by one spouse upon another, but in fact, it covers a broad range of behaviors.

To take the first step in defending yourself against unmerited claims, it is important to know what behaviors fall under their definition. According to California law, these include:

• Physical force to cause bodily harm
• Manipulative, threatening, or controlling behavior that results in emotional or psychological abuse
• Stalking and other forms of harassment
• Threats of violence

Physical presence is not necessary for domestic violence to take place. It is important to note that instances of “revenge porn” and other abusive behaviors that occur virtually, such as online stalking and harassment, can fall within the category of domestic violence.

Victims of Domestic Abuse

In the same way that a wide range of behaviors are recognized as domestic violence, California law covers a wide category of domestic violence victims. Domestic violence is most often committed against an “intimate partner,” and while most people associate this term with a spouse, the term can include:

• Spouses and former spouses
• Domestic partners
• Live-in romantic partners
• Former partners

In addition to these, alleged victims may include family members, such as extended family, in-laws, children, or any other relation to the accused by the second degree through blood or marriage.

Common Arrest Practices

Usually, domestic violence allegations begin with a police response to a complaint. It is important to understand what officers on the scene consider when filing their report, and what factors into their decisions to make an arrest.

After arriving, police will take statements from those involved in the alleged incident to determine the course of events. During this time, they will attempt to determine who the “initial aggressor” and the “dominant aggressor” was. The “initial aggressor” is the person who escalated a verbal altercation into a physical one, with either slapping, pushing, hitting, etc.

The “dominant aggressor” is the person who got the better of the other and “dominated” the violence that followed. If an arrest is made, in most cases, the police will arrest the dominant aggressor in the incident.

This means that even if you did not start the violence and can claim reasonable self-defense, if it appears that you have “dominated” the situation, you will likely face arrest.

Prosecution of Domestic Violence Cases

It is important to understand that in the state of California, it is not the alleged victim who files charges in cases of domestic violence. The state, expressed through the District Attorney (DA), charges the accused.

This means that even if an alleged victim recants their statement and wants files dropped, it is ultimately up to the DA to prosecute or not. It is often the case that an alleged victim wishes for charges to be dropped against the accused, only to find that their requests are rejected.

Because of this, it is extremely important to have an experienced lawyer on your side who can navigate the complexities of the legal process and defend you. Our experienced Costa Mesa domestic violence lawyers have worked cases from both sides and can assist you in finding a resolution.

Consequences of a Conviction

Being convicted of domestic violence charges has repercussions far beyond the courtroom. Someone found guilty of domestic violence charges may find that they face:

• Restricted or forfeited custody rights to a child
• Required payments for victim restitution
• Deportation if they are an immigrant
• A loss of the right to own firearms in the state of California

These are just a few examples of the legal and economic restrictions that may be placed on someone convicted of a domestic violence charge. In addition to these, the stigma that comes with allegations alone can irreparably damage personal and professional relationships.

Finding the Right Lawyer

It is vital during this process to find a lawyer who can help navigate the complexities and nuances of domestic violence cases. Beyond fulfilling the role of advocate within the courtroom, a skilled attorney should be able to:

• Practice discovery through the collection of vital evidence
• Understand the laws relevant to the alleged incident
• Have experience in dealing with the different entities involved in litigation

When engaging with the legal process, a good lawyer will be an unrelenting advocate for you and your interests. In choosing an attorney, be sure to choose someone with experience in broad areas of litigation, as domestic violence overlaps several other legal areas, such as criminal law.

Contact an Experienced Domestic Violence Defense Attorney

At the Law Offices of Lisa R. McCall, we understand that each case is unique, presenting individual circumstances and challenges that require an experienced attorney to navigate them. With a proven record of success, our Costa Mesa domestic violence lawyers are here to provide a vigorous defense on your behalf. Contact us today for a consultation on how to protect yourself through the litigation process.