Fresno Domestic Violence Attorney
Domestic Violence Defense Representation in Fresno County and Madera County
Facing domestic violence charges can be an intensely stressful and scary experience, especially if you know you did nothing wrong or that what happened was distorted or misinterpreted. It is extremely important that you do not panic and instead stay calm and composed. No matter the allegations, you have rights, and you do not have to go through this alone.
At The Law Office of Martin H. Gamulin, we can offer the personalized legal guidance and defense representation you need to navigate this difficult time. Our Fresno domestic violence lawyer understands the sensitive nature of these cases as well as how to effectively advocate for the accused. With ample experience and a history of successful case results, we have what it takes to protect your interests from start to finish.
We are here for you when you are facing domestic violence charges. Schedule an initial consultation by calling (559) 934-5405 or contacting us online today.
What Is Considered Domestic Violence in California?
Put simply, domestic violence involves the infliction or attempt to inflict physical harm or threaten to harm an intimate partner. This means someone does not necessarily have to physically hurt an intimate partner to be charged with domestic violence. If someone acts in a way that gives an intimate partner a legitimate reason to fear for their immediate safety, that person can be arrested and face criminal charges.
Penalties for Domestic Violence in California
Corporal injury to an intimate partner is always charged as a felony in California. Many types of other domestic violence offenses, including domestic battery, are considered “wobblers.” A wobbler can be charged as a misdemeanor or a felony depending on the circumstances of the case. This is where having The Law Office of Martin H. Gamulin on your side is essential, as we can seek misdemeanor charges for a wobbler offense if we cannot get the case dismissed entirely.
Penalties for domestic violence crimes in California include:
- Domestic Battery, Misdemeanor: Up to 1 year of jail time and up to $1,000 in fines
- Domestic Battery, Felony: Up to 4 years of prison time and up to $10,000 in fines
- Inflicting Corporal Injury on an Intimate Partner, First Offense: Up to 4 years of prison time and up to $10,000 in fines
- Child Abuse: Up to 6 years of prison time and up to $6,000 in fines
- Child Endangerment, Misdemeanor: Up to 1 year of jail time and up to $1,000 in fines
- Child Endangerment, Felony: Up to 6 years of prison time and up to $10,000 in fines
Domestic Violence Defense Strategies
When faced with any type of domestic violence charge, it is in your best interest to approach the situation with a tailored defense strategy that aligns with the specific circumstances and evidence in the case. Our Fresno domestic violence defense lawyer can evaluate the evidence, identify the strongest available defense strategy, and work to deliver the best possible outcome.
Domestic violence defense strategies we may explore include:
- Accidental Harm: Establishing that the injuries sustained by the victim were accidental and not a result of a confrontation or intentional harm can serve as an effective defense.
- Wrong Suspect: In some cases, you could be incorrectly identified as the perpetrator. In these scenarios, we can present an alibi or other evidence to show that you were not present or could not have been the source of the harm.
- Lack of Proof: Since the prosecutor must establish the defendant's guilt beyond a reasonable doubt, demonstrating that the evidence is insufficient or too weak to meet this standard can be a powerful defense.
- False Allegations: Unfortunately, there are instances where domestic violence claims are fabricated. We may present evidence to show that the allegations are false and possibly motivated by anger, jealousy, or spite, especially during contentious processes like divorce or child custody battles.
How Domestic Violence Allegations Can Affect California Child Custody Battles
Any allegation of domestic violence can significantly impact a child custody dispute in California. Some individuals may even falsely accuse their ex-partners of domestic violence to gain the upper hand.
Under the California Family Code, many types of relatives other than intimate considers can also be considered victims of domestic violence, including:
- Your Child
- Siblings (by Blood or Marriage)
- Half-Siblings (by Blood or Marriage)
- Grandchildren (by Blood or Marriage)
- Nephews and Nieces (by Blood or Marriage)
- Grandparents (by Blood or Marriage)
- Aunts or Uncles (by Blood or Marriage)
Because they are looking to protect the best interests of the child in a custody dispute, California courts tend to take a strong stance against awarding custody to individuals accused or convicted of domestic violence. Once an accusation is made, the court will investigate thoroughly to ascertain the safety and well-being of the child.
When allegations of domestic violence are substantiated or result in a conviction, the legal system leans toward protecting the child from the potential harm that could be caused by an abusive parent. Even accusations without a conviction can influence the court's decisions. The judge may order a detailed investigation, which can include in-home visitations, interviews with the child or children, and assessments by child welfare specialists. The court's determination will center on whether there is a recurring pattern of abuse and if that pattern might pose a future threat to the child.
Our Fresno domestic violence defense attorney also handles matters of family law. We are uniquely positioned to represent you in these types of situations, as we understand how allegations of domestic violence can affect not only child custody battles but also divorce proceedings. Our lawyer will work closely with you to develop and pursue legal strategies that address the totality of your situation.
We have experience handling complex domestic violence and family law cases, so call (559) 934-5405 or contact us online today.