Long-Term Consequences of a Domestic Violence Accusation in Orange County

Learning the long-term consequences of a domestic violence accusation in Orange County can help you understand the potential impacts of this type of crime. If you’ve been accused or charged with domestic violence, consult with legal professionals at the Law Offices of Christopher J. McCann, APC.

Defining Domestic Violence in Orange County, California

Domestic violence is a somewhat broad category of abuse crimes, at the misdemeanor and felony level, with the legal consequences ranging from minor to severe. In general, a person may be charged with domestic violence for allegedly committing or attempting an act of violence against, threatening to cause bodily harm to, threatening, or harassing a person, specifically a domestic partner, cohabitant, or family member.

Violence in this context is “domestic” because the crime is committed by a person against an individual with whom they have an intimate or familiar relationship. This includes current or former spouses, fiancés/fiancées, domestic partners, and significant others. Domestic violence cases can also involve individuals who formerly or currently live together or who are relatives by blood or marriage, such as siblings, children, and in-laws.

The violence could be physical, verbal, sexual, or involve mental and emotional abuse. Some cases of domestic violence can even entail stalking, cyberstalking, technological, and even economic abuse. Domestic violence can also be described as the disturbance of a person’s peace or the destruction of their personal property.

In 2023, there were over 9,000 total domestic violence-related calls made in Orange County, CA. Of those calls, approximately 3,787 instances were reported to have involved a weapon. Across the state in 2022, more than 70 billion dollars was spent on resources in response to domestic violence cases.

Legal Penalties Following a Domestic Violence Conviction in CA

The legal penalties a person may face following a domestic violence conviction in California depend on various factors. The court considers details such as the severity of the apparent abuse, the age of the victim, whether a weapon was used in the abuse, and whether the defendant has a history of similar conduct or other criminal convictions.

Sentences for a domestic violence conviction may include jail or prison time, probation, penalty fines, a restraining order, restitution to the victim, community service, and the loss of one’s gun rights. The defendant can also be ordered to attend counseling or participate in anger management or perpetrator rehabilitation programs.

If the case results in a conviction, a domestic violence accusation can negatively affect the defendant’s career. If the charges still show up on background checks, this can make finding employment or retaining professional licenses troublesome.

The primary courthouse in Orange County that processes criminal cases, including domestic violence charges, is the Central Justice Center. It’s located at 700 Civic Center Drive West in Santa Ana, CA 92701. Depending on where the incident occurred, the geographic jurisdiction can determine which courthouse handles the case. Your attorney can advise you on the location.

Understanding the Consequences of a Domestic Violence Accusation

Besides the legal penalties and personal difficulties associated with sustaining a misdemeanor or felony conviction on your record, there are other significant consequences a domestic violence accusation can have on the defendant’s life. The long-term effects of such an accusation can continue to impact the accused, whether or not the accusation ultimately resulted in a conviction, even if one party regrets involving law enforcement.

Domestic violence accusations can easily damage the trust and intimacy of a partnership, possibly leading to a couple’s separation or divorce. This can also make co-parenting and sharing custody difficult if children are involved. For the accused party, even an accusation without a conviction may restrict their custody and visitation rights.

With the social stigma of domestic violence, an accusation may also cause the accused to become estranged from friends and family members who distance themselves due to judgment or out of fear. This isolation can be detrimental to one’s mental health, especially during the uncertain, stressful, and vulnerable time following an accusation.

The long-term psychological consequences are undeniable, frequently causing exacerbated anxiety, depression, PTSD, and emotional trauma for both parties involved. It’s important to get ahead of a domestic violence accusation to minimize the damage and personal repercussions the criminal charges can bring. Professional legal counsel can protect your rights and fight on your behalf.

FAQs

Q: What Is Considered Domestic Violence in California?

A: In California, domestic violence is considered any threat or act of violence or harassment against a person committed by someone they’re formerly or currently in a relationship with, live with, or are related to. This includes spouses, family members, or roommates. The violence may be physical, sexual, psychological, verbal, or emotional.

Q: Does a Domestic Violence Accusation Impact Custody?

A: Yes, it is possible for a domestic violence accusation to impact child custody issues, even if there was no conviction for the crime. Family courts may be wary of awarding custody or significant visitation rights to a parent with a history of domestic violence. Courts consider the well-being of the child in determining custody matters.

Q: Are There Long-Term Consequences to a DV Accusation?

A: Yes, there can often be long-term consequences to a domestic violence accusation. Repercussions to one’s personal relationships and emotional well-being are likely to follow, making it difficult to move forward. The accused may even suffer in their career due to damage to their reputation, the suspension or revocation of professional licenses, or face difficulty finding employment, since the domestic violence charges may show up on background checks.

Q: Can Domestic Violence Charges Be Dropped in California?

A: Yes, it is possible for domestic violence charges to be dropped in California, although this outcome is dependent on the specifics of the case. Typically, the accuser alone cannot drop the charges, leaving it up to the prosecutor, who will consider the evidence and the public’s safety. It’s important to have strong legal representation that can advocate for your rights if you are accused of domestic violence.

Strong Domestic Violence Defense Lawyers

At the Law Offices of Christopher J. McCann, APC, our defense attorneys are dedicated to protecting our clients’ rights and aiming for a favorable outcome in your case. Reach out today to schedule a consultation.