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The penalties for Domestic Violence depend on whether you were charged with a Felony or a Misdameanor.  I wrote an earlier article on Domestic Violence this article will deal almost exclusively on the penalties for Domestic vioence and wil concentrate on Fresno CA but are applicable to other places as well. 

If you have been arrested for Domestic Violence don't hesitate to call our office as An Attorney that has handles over 100 Domestic Violence cases, I have the experience to handle your case as a former probaiton officer and deputy district attorney I know the ins and outs of the system. 

 

First lets look at the penalties for Misdameanor Domestic Violence

if you are a first time offender and the case is settled for a misdameanor you will probably be looking at two-to five years of probation.  Also, you will have to complet AOWP program hours.  AOWP stands for alternative work program time.  This means picking up trash along the highway and other such tasks.  Usually you will be told by the court to either sign up for aowp by a certain date or check yourself into the jail to serve the time in custody.

It is important that you abide by this order of the court.  The court as any Judge will tell you does not make request of you only orders.  Therefore, if you do not abide by these ordders you can have a warrant out for your arrest.  Further, you will not be able to put yourself on calendar to get an extension after this date has passed.  It is never a good idea to disobey court orders, so sign up for your aowp on time. 

Once you have signed up for AOWP they can and usually will work with you on the hours.  However, I have seen people show up for AOWP thinking if they some medical issue they can simply not do the aowp.  This is not correct you will be referred back to the Judge usually to be placed in custody to do your time if  you have a medical limitation.

You may also be ordered to complete community service hours in lieu of aowp.  However, this will amount to a lot of community service hourse depending on the nymber of aowp hours you were ordered to complete.  ussually you have to do as many community service hours as the number of hours you would have to do aowp.

 

52 WEEK BATTERER TREATMENT PROGRAM

After a conviction for a domestic violence crime you will be ordered to complet a 52 week batterer treatment program.  This is a mandatory punishment and will not be up to the court.  To successfully complete probation you must complete this program. 

 

10 YEAR GUN BAN

After a conviction for domestic violence you will be prohibited from owning or possessing a firearm for a period of ten years.  There is an exception if you need your gun for employment.  You must have a hearing and a Judge will decide if there is sufficient evidence that you need your gun for your employment such as a police officer, etc, and the Judge can determine that you should be allowed to continue to own and possess a gun.

RESTRAINING ORDER

If a Criminal Protective order has been isssued in the case it will be renewed and you will have  a restraining order against you usually for a period of three years. 

After you have completed a certain number of days of batterer intervention program  the victim can go into court to ask the court to dismiss the restraining order. 

The court sometimes grants these request depending on how well the court believes you are completing your terms of probation, and after the victim has spoken with the victims advocate office.

in another note you must be present for your court hearings in a domestic violence case.  After the first hearing the court may allow what is called a 977 appearance , or an Attorney to be present for you, but you must show up at the first hearing.  This is even if you are accused of a crime that is not domestic violence but involves a crime against a family member. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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