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If you have been arrested or are being investigated for Domestic Violence you should call our office right away.  As a defense Attorney with more than 14 yeaars of experience, I have handled hundreds of Domestic Violence cases.  Including many cases that have been dismissed, reduced, or won at trial.  i do this job to get people through experiences like being arrested.  I can get you through this call us a at 559 441 1418.

If you were arrrested for domestic violence you will be served with a restraining order, you will have to give up your guns and if found guilty or if you plead guilty to any domestic violence related offense you will have to complete a 52 week batterer treatment program.  And you will have a 10 year period of not owning any guns.  There is an exception if you are in a job that requires that you possess a gun, such as law enforcement.  However,  a Judge will usually want a full hearing before making any decisions on your ability to own or possess a firearm if you are a law enforcement personell.

Restraining orders will almost always be given in cases of domestic violence sometimes there will be two different restraining ordes one for the criminal case and one for any civil or family law cases that may be ongoing.

Felony or misdameanor, the dfference between being charged with a Felony or a Misdameanor is very important in a domestic violence case. 

If you have been charged with a Felony and you recieved a ticket it will say on the ticket whether the crime is a Felony or a Misdameanor and a court date. 

If you were taken to jail and bailed out it will say on both the ticket and the paperwork the charges and the court date that you have after  being bailed out.  It is important  that in the time in between being arrested and having a court date if not before you contact an Attorney. 

There are several reasons for this but one big one is, as mentioned above, there could be a restraining order in affect, you need someone to help you through the maze that the court process could sometimes be and pretext phone calls

WHAT IS A PRETEX PHONE CALL?

A pre text phone call is a tool often used by law enforcement in both sex cases and domestic violence cases.  It usually occurs like this you will have a restraining order against you but she will not have a restraining order against her.  This means that she can and will call you to tape a phone call between you.  This calll will then be used agasinst you if you make a ny admissions. 

Usually it will happen where she will ask you certain questions such as how could you do this to me:

Your response can and will be used against you. for two reasons

First because she does not have a restraining order against her she can call you whenever she wants. Secondly  usually taped phone calls in California cannot be used against a person unless they both consent.  However, the exception to this rule is when the call is made at the behest of law enforcement or when domestic violence is involved. So often these admissions will be used against you.  This is why you need legal representation right away.  Often I hear Attorneys tell prospective clents come back once charges are filed.  No this is not the right answer for exactly the reason just stated.

Also law enforcement may attempt to interview you.  You should not be making statements to law enforcement until you have spoken to an Attorney. 

Domestic Violence cases are very complex and you need to call us right away.

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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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Phone: (559) 295-0391
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