California Domestic Violence
Domestic violence is referred to by several different terms including domestic abuse, spousal abuse, relationship abuse, intimate partner abuse, domestic battery, spousal battery, intimate partner violence and family violence. The terms refer to a single incident or multiple incidents initiated by one or both partners who are presently or formerly have been involved in a special relationship including marriage, cohabitation or dating. California laws pertaining to domestic violence prohibit several types of conduct directed against a present or former spouse, intimate partner or dating companion whether the relationship be mixed gender or same gender.
A California domestic violence arrest will typically initiate more than one case. The first case is the California
domestic battery or
domestic assault criminal case. The District Attorney of the county in which the domestic violence arrest occurred will usually charge two or more separate criminal violations following a domestic battery arrest. The first charge is usually for
spousal abuse in violation of California Penal Code section 273.5, while the second charge is for
domestic battery in violation of Penal Code section 243, subdivision (e). Oftentimes, a
criminal threats charge will be added by the police which is a separate violation of California Penal Code section 422.
The conduct made criminal by California law includes hitting, kicking, slapping, biting, pushing, shoving, touching, sexual abuse (unconsented sexual intercourse or sexual contact), restraining, throwing objects, unplugging telephones, making telephone devices inoperative,
stalking and making threats of violence against an individual or that individual's family member. Males as well as females are victims of domestic violence and the couple may have an incident or incidents of bidirectional violence where both partners are active participants in a violent episode or abusive episodes.
An additional domestic violence case which may be initiated by a California domestic violence criminal arrest, is a case in which a person is at risk of having a California Protective Order issued. California Protective Orders can either be a Stay Away Order, Peaceful Contact Order,
Domestic Violence Restraining Order or a No Harrasment Order. It is critical for a person who has been arrested for domestic violence, criminal threats or stalking or served with an application for a Domestic Violence Restraining Order or other request for a Temporary Restraining Order in California to contact a qualified California criminal defense lawyer who specializes in handling domestic violence cases, protective order cases and family law matters.
California domestic violence cases are technically complex, and should only be handled by a lawyer with specialized experience handling California domestic violence criminal defense and California restraining order cases. In order to make an arrest for domestic violence, the police need only have been told that a domestic assault, battery, or threat occurred. Most often, the police will ask the person who is identified as "the victim" whether they wish an Emergency Protective Order. Additionally, the complainant may seek a domestic violence restraining order. To issue a domestic violence restraining order, the complainant must only prove by a preponderance of the evidence to a judge or other judicial officer that there is a reasonable probability that an act of violence will occur if the restraining order is not issued. California domestic violence cases can be won or the impact of a criminal conviction minimized, but usually only by an attorney with knowledge of the process, the type of evidence presented and familiarity with the possible defenses in domestic violence criminal cases.
Contact The Office
The stakes are high in a California domestic violence criminal case. An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 weeek batterer's treatment program, mandatory alcohol education classes, and other punishment. For that reason, it is important that you have a qualified criminal defense lawyer handling your domestic violence case from the beginning. If you or someone you know has been or may be accused of domestic violence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a member of our domestic violence law firm. If you prefer, you may submit a
confidential case questionnaire which will be reviewed by a California domestic violence defense lawyer and receive a prompt response.
If you hire Robert Tayac to handle your case, you will know that you are retaining the services of a knowledgeable, experienced, and trustworthy California lawyer.
Office Locations and Areas We Serve
Mr. Tayac represents clients who have been arrested in the following counties as well as other cities throughout California and can meet clients at several office locations in Northern California.