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Domestic violence cases can have a huge impact on your rights.  Your right to own a firearm, vote, and even see your children can be affected by  a domestic violence conviction.

If you have been arrested for domestic violence offense you should immediately seek experienced representation.  As a former probation officer deputy district attorney with more than 14 years of experience, I can help you with your case.  give us a call at 559-4411418, this article is meant as a general information and is not meant to be legal  advice as to specific circumstances. 

ARREST FOR DOMESTIC VIOENCE.

If an arrest occurs for a domestic violence case many things happen at once and can be very confusing to someoen especially someone that has not been throught the stystem before. There is what is called the domestic violence protocals which mandate how domestic violence cases are handled statewide.  This means that if there is visible brusing or injury it is almost certain there will be an arrest.  This is because the police departments could be sued or lose funding if certain steps are not taken usually which inlcude an arrest.

RESTRAINING ORDER

A domestic violence restraining order will be issued.  Usually for a period do 5 days.  During this time it is important that you do not break this restraining order this includes contact through a third person. We will discuss bail below but just the contact can even through a third person can be a violation of this restraining order.  Also if charges are filed a criminal protective order will be issued and the family law court cannot make an order changing this restraining order.  I have actually seen Family Court Judges attempt to do this, they should not be doing this and is very confusing to all parties and a violation of statute.   The bottom line is that, the criminal restraining order takes precedent over everything else and should be obeyed regardless of what other advice you recieve.   If no charges are filed you should make sure there is not either an extension of the original order or a new and different restaining order out somewhere.  I have seen this occur several times.  Charges will be dismissed and the Arrested person thinks that there is no longer a restraining order outstaning against him only to find there is a civil restraining order, or family law order.  Sometimes while pending criminal charges a criminal defense attorney will advise you not to fight or to put off a hearing until the criminal case is over.  This does not mean that restraining order went away it will simply be dealt with after your criminal case.

If you are convicted of any Domestic Violence related offenses you will be given an up to 5 year restraining order.  It can be lifted at sometime in the future if you are doing what the court orders.  Many times the court will want to hear from teh protected party before lifting any restraining orders. 

As you can tell the process and the restraining order process for the different types of restraining order can be complex and confusing contact an Attorney right away. If you violate a restraining order in Domestic Violence case you will be and you are out of bail you could be jailed wihtout bail.  Do not make this mistake.

MISDAMEANOR ARREST

If you have been arrested for  a domestic violence misd. offense you will be given a ticket with a court date.  At this point you do not have to worry about bail.  however, other than the fact you have a less serious offense the rest of the case will be handles very similiarly to a Felony. 

FELONY

If you have been arrested or a Felony you must bail out of jail or be released at your court appearnnce on either or or pre trial release.  The court will take into consideration your prior history, if any, and your danger to the community in setting bail amount.  Please read my blog on bail for more information on that. Again give us a call so we can give you a case evaluation.

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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