Domestic Violence Defense Attorney in San Rafael
Strong Representation to Protect Your Freedom and Reputation
Domestic violence affects people of all races, income levels, and genders. Recognizing the dangers of such violence, California has criminal and civil benefits for domestic abuse. Like other criminal accusations, anyone suspected of domestic violence is entitled to a vigorous defense.
At Chambers Defense, we know there is often more than meets the eye in criminal cases. If you are questioned, arrested, or in any way suspected of domestic violence, count on us to uncover all the details to devise a defense strategy aimed at protecting your good name and keeping you out of jail.
Call (415) 423-2828 today to schedule a free initial consultation with our San Rafael domestic violence defense lawyer.
What Is Considered Domestic Violence in Marin County?
Marin County, Novato, Petaluma, Richmond, and San Rafael all follow the same state laws related to domestic violence. The first criterion that must be met in domestic violence cases is the relationship between the purported aggressor and the victim.
Domestic violence charges must stem from one of the following relationships:
- Spouse or former spouse
- Romantic partner (boyfriend, girlfriend, etc.)
- Someone you have a child in common with
- Someone you are related to by blood or marriage
Domestic violence may include a physical altercation but that is not a requirement to be considered domestic violence. Stalking, harassment, and threats can also be domestic abuse. Destroying personal property and coercive control may also qualify.
Statewide in 2021, there were more than 164,000 calls for assistance in domestic violence-related incidents.
Mandatory Arrests in Domestic Violence Cases
When law enforcement is called to the scene of potential domestic violence, they are required to investigate the circumstances and speak with the participants and any witnesses. If the officer has any probable cause to believe domestic violence may have occurred, they will arrest the supposed perpetrator. Even if the alleged victim begs the officer not to, the officer has no choice but to bring the other party into custody.
Crimes that can be charged in domestic violence incidents in San Rafael include the following:
- Domestic Battery
- Inflicting Corporal (Bodily) Injury Upon a Spouse or Cohabitant
- Child Abuse
- Child Endangerment
- False Imprisonment
- Criminal Threats
Elder abuse is also a form of domestic violence.
The specific crimes and other circumstances will determine whether a defendant will face misdemeanor or felony charges.
After a Domestic Violence Arrest
If you are arrested, it is in your best interest to exercise your right to remain silent and call Attorney Peter James Chambers. Attorney Chambers will immediately begin to protect your rights, including at your bail hearing.
A judge will set bail in an amount they believe is appropriate for the case. The judge will also establish pretrial release conditions, which often include not contacting the suspected victim in any way. There can also be restrictions against seeing your children. You may also need to find a new place to reside, at least temporarily.
Firearm Restrictions if Convicted
There are consequences in addition to incarceration and fines. Both federal and state law places restrictions on gun possession and ownership for anyone convicted of domestic violence. Upon conviction, a prohibited person must surrender all firearms and any violation can lead to additional criminal charges and penalties.
Vigorous Defense Against Domestic Violence Charges
Crimes of domestic violence can ruin your reputation, destroy your career, and damage your relationships with family and friends. Attorney Chambers understands what is at stake.
The situation can be misconstrued and, unfortunately, sometimes the alleged victim is not truthful. There can be false accusations or injuries are the result of an accident. Do not assume that the “truth” will prevail and downplay the seriousness of the situation.
If you are accused of domestic violence, you need a talented domestic violence defense attorney in San Rafael to reveal a range of potential strategies to limit your exposure to jail or prison and other ramifications.
To schedule a free case consultation, contact us online or call (415) 423-2828.