When someone claims domestic violence in Oakland, it is serious. A conviction for domestic abuse can result in severe consequences, including possible jail time, fines, and loss of future employment opportunities.
If you are indicated of domestic violence in Oakland, you need a Domestic Battery lawyer who will listen to you and try to figure out what happened. If someone is found guilty of a violent crime, prosecutors and judges will try to give them harsh punishments. That makes things very hard for those who are accused of these crimes.
What are some common ways to fight charges of domestic battery?
Many patients come down to “he said, she said,” but our clients are on the defense because they were the ones who were arrested. When Domestic Battery lawyer look into your domestic abuse case, we will talk to you about your side of the story and try to find proof that backs up what you say.
What Happens If Someone Hits Their Spouse?
Anyone who shares the following relationships with the perpetrator of the domestic abuse is examined as a family or household member under the Oakland Domestic Violence Act (750 ILCS 60/101).
Couples who are now dating or engaged (casual acquaintances and similar relationships do not qualify as dating for this definition); parents and people who share a typical kid; people who share or formerly shared the same domicile; couples who are currently dating or engaged (casual acquaintances and similar relationships do not qualify as dating for this definition), During a trial, it’s essential to have a clear idea of what a family or household member is.
For example, the courts in Oakland decided that a woman who had been living with her boyfriend for a few weeks before an incident of domestic violence was sharing a dwelling with him. On the other hand, for domestic violence law purposes, a couple who lived in a homeless shelter did not “share a dwelling.”
Domestic Violence Penalties in Oakland
Because domestic battery includes everything from punching, shoving, or hitting with an open hand to choking or even sexual assault, the penalties for those convicted depend on whether the prosecutor files the charge as a misdemeanor or felony.
An individual convicted of a misdemeanor may be required to perform community service, attend an anger management or domestic intervention program, or pay a fine. A “Stay-Away” order can sometimes tell the defendant not to get in touch with the victim. Sometimes, a person may not have to go to jail if they agree to counsel or are put on probation.
A Word about False Charges of Domestic Violence
False domestic violence charges are standard, especially when a couple is getting a divorce or splitting up. Clients often send them in when they are trying to get custody of their children in a divorce or get “revenge” for being unfaithful.
Most domestic violence cases involve a man being called the “aggressor” and a woman being called the “victim.” But in the last few years, more and more men have come forward to say they were hurt by violence. As people learn more about it, it’s becoming clear that men are just as likely as women to be victims.
For this reason, if you’re facing domestic abuse charges in oakland, you should immediately retain the services of a Oakland Domestic Battery lawyer. A law firm focusing on domestic violence can give you a free consultation and legal advice to help you move the case forward.
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