Monterey Domestic Violence Lawyer
Restraining Orders • Domestic Violence • Spousal Abuse
A domestic violence (DV) case is defined as violence or the threat of violence against a person's spouse, a cohabitant, or a person who is the mother or father of the defendant's child. In California, this is a crime regardless of gender.
If you have been charged with domestic abuse or violence, it is important to contact a lawyer as soon as possible. I am Monterey, California criminal defense lawyer James Newhouse. I am certified by the State Bar of California Board of Legal Specialization as a criminal law specialist, and I have been defending people in cases like these for over 40 years.
If you are facing domestic violence charges, it is essential to take action immediately. I have the experience to know-how to aggressively defend you from even the most serious domestic violence charges.
I provide a free initial consultation in my office. Contact me by e-mail, or call my cell phone at (831) 206-2186. I am available 24 hours a day, 7 days a week.
Prior Domestic Violence Charges
Domestic violence charges are known as "wobblers," because they can either be charged as misdemeanors or felonies, depending upon the circumstances. This will be determined by the seriousness of the injuries and any history of prior abuse.
Restraining Orders
The person arrested in these cases is served with a restraining order, so they cannot call, contact, or be in the vicinity of the alleged victim. Once the defendant is arrested, the victim relinquishes all power and the police and district attorney take over.
Even if the victim changes his or her mind about pressing charges at this point, it is too late. However, hiring a criminal defense attorney now will still permit the chance of modifying or lifting the restraining order after successfully getting domestic violence counseling.
When you are charged with a violation of California Code section 243(e) (spousal battery), or 273.5 (domestic violence with injury), having a skilled criminal defense lawyer on your side can help determine whether counseling for batterers is advised. I have the experience to know that there are times when it is better to wait to post bail until the time of the arraignment, rather than before.
Consequences of a Domestic Violence Conviction
If you are convicted of domestic violence or other related charges, you could face consequences including:
- Prison time
- Immigration consequences (such as deportation, refusal of citizenship, denial of naturalization
- Firearm prohibition (unable to purchase, own or fire a gun)
- Loss of custody or visitation (if family law issues apply)
- Loss of professional license or inability to obtain a license (medical, cosmetology, teaching, lawyer)
You need experienced criminal defense representation if you are facing an order of protection or charges of domestic violence or spousal abuse. Contact me at the Law Office of James H. Newhouse for the peace of mind that comes from knowing your case and any evidence against you will be thoroughly investigated. Trust me to stand up for you every step of the way.