Domestic violence can occur between two individuals who are in an intimate relationship. This can involve family members, individuals dating or cohabitating, and a married couple. California has extremely tough domestic violence laws. Your first experience of this will be the police response to the domestic violence call: in most cases, the police make an arrest even when there are no visible injuries to either person. Bail settings are often very high, and the penalties are severe.
In the state of California, domestic violence can be considered a misdemeanor or a felony, either of which can be severely penalized. Charges depend on several factors, including the extent of injuries involved. Most domestic violence charges will fall under Penal Codes §§ 243(e) or 273.5 , and both can be charged as a misdemeanor or a state prison felony case. What appears to be a fairly minor argument is often charged as a serious crime. It is not uncommon to see terrorist threats (Penal Code 422) and false imprisonment (Penal Code 273(a) alleged.
It is crucial to get a lawyer immediately on domestic violence cases because the District Attorney may consider new evidence you have to offer before deciding to file. For a variety of reasons, domestic violence charges are often very defensible in court.
Whatever you do, do not take Domestic Violence charges lightly. All domestic violence charges carry a 10-year gun ban in California and a potential lifetime ban under federal law. Additionally, Domestic Violence charges are considered crimes of moral turpitude -- in plain English, they look horrible on your record.
First, it is essential to recognize two types of restraining orders: those issued pursuant to a criminal case pending and those issued as the result of a civil Request for a Restraining Order (CH-100). Domestic violence restraining orders made during a criminal case are usually terminated or finalized after the criminal case. Attorney Rhea will address the RO (restraining order) issue while working on your criminal case. For these cases, the Restraining Order will always be based on the same conduct alleged in the criminal complaint.
Restraining Orders issued following a civil Request for a Restraining Order differ significantly. Instead of an arrest, the first thing that happens in these cases is that you will be served a CH-120 or DV-120. This is the notice of hearing and temporary restraining order. The CH-120 is issued when the conflict at issue arose between two people who are not related and have not had a sexual relationship. The DV-120 is the same kind of order that is issued when a conflict arises between people who have (or have had) some sort of domestic and/or sexual relationship.
Whether you have received a CH-120 or DV-120, it means that someone has requested a restraining order against you and that a judge has decided that there is enough information in the Request (CH-100 or DV-100) to grant a temporary restraining order (the CH-110 or DV-110). The paperwork you received will tell you when the hearing is. You absolutely need a lawyer for this hearing . Over and over again, people walk into these Restraining Order hearings, utterly oblivious of the Rules of Evidence, just expecting to "tell their side of the story" --- and they lose. The consequences of losing include having a Restraining Order on your record for up to three years and a gun ban. You may even be ordered to attend counseling. As with domestic violence charges, Restraining Orders look horrible on your record, so take any Restraining Order paperwork you receive seriously.
Attorney Joseph Rhea has been recognized as one of the Top Lawyers by Palm Springs Life Magazine every year since 2010. He has over twenty years of experience with domestic violence and restraining order cases. Attorney Rhea has worked on many domestic violence cases where an individual was falsely accused out of anger or spite. As a Public Defender Attorney, Rhea worked in a dedicated Domestic Violence court, where he saw an excess of overcharged and exaggerated cases. While most domestic violence cases do not involve serious injury, the consequences of a domestic violence conviction are severe. Contact the Law Office of Joseph T. Rhea if you have been arrested or charged. Attorney Rhea has the experience needed to defend your case. His decades of work in criminal defense and demonstrated skill have earned him wide recognition in the local legal courts as a skilled advocate for all his clients.
“Mr. Rhea was extremely knowledgeable which, without a doubt, was the reason the Judge dismissed my case without any fines, probation, etc. Additionally, his vast knowledge helped lay out all the scenarios which helped relieve my anxieties. He was extremely prompt and reliable which made working with him a pleasure. I would highly recommend Mr. Rhea’s services to anyone and everyone.” – Former Federal Drug Possession Client