Experienced Vista Domestic Violence Attorneys
Domestic violence rarely involves a clear-cut case. More often, the situation is a complicated one affecting the rights and future of everyone involved. In these situations, you need to ensure that your case is handled in the best possible way. It is especially important to get an experienced attorney to review the case and, in many cases, contact the district attorney immediately to try to discuss the filing of the case, provide additional information and try the get charges rejected or reduced before the first court date.
We will not only defend you against criminal charges, but also review collateral consequences that can flow from a domestic violence case, which you may not be aware of. These include possible impact on jobs, gun rights, military service, security clearances, immigration, licenses, child custody, restraining orders and much more.
Call today for a free consultation from our Vista domestic violence attorneys: 760-941-5720.
Criminal Defense Attorneys With Experience
Christoph Law Offices will handle your case so you can handle your life. Our firm will draw on our decades of combined experience and hundreds of domestic violence cases to energetically and vigorously defend you, and make every effort to get the charges dismissed, reduced or resolved in the best possible way. This pre-filing contact can be an early opportunity to address the case before it is filed. There is then a second opportunity to discuss the case with another D.A. after it is filed.
We offer free consultations and case evaluations.
Why Does Immediate Action Matter in Domestic Violence Cases?
Domestic violence charges are often made in connection with charges of spousal abuse and spousal battery, which can involve anyone with whom you have had a dating relationship and does not necessarily only involve assault or battery. Some cases also involve vandalism, false imprisonment, breaking restraining orders and other law violations.
Often, after the police arrive, the victim will change his or her mind and tell the police not to prosecute. In domestic violence calls, however, once the police are involved, the district attorney is in control and decides whether to go forward with prosecution based on the evidence, not the wishes of the parties. The “victim” is a witness and their input, while it can be important, it does not control the prosecution of the case.
Understanding Protection Orders (Restraining Orders) In California
In California, protection orders, also called restraining orders, are court-issued commands that restrict one person from contacting, harassing, threatening or coming near another person. These orders are common in cases involving domestic violence, stalking, harassment or threats.
There are different types of restraining orders, including:
- Emergency Protective Orders (EPOs): Issued quickly by law enforcement, lasting up to 7 days
- Temporary Restraining Orders (TROs): Short-term protection until a court hearing
- Permanent Restraining Orders: Issued after a hearing, lasting up to 5 years
Restraining orders can require a person to:
- Stay away from the protected individual’s home, work or school
- Cease all forms of communication
- Surrender firearms
Violating a restraining order is serious. It can lead to:
- Misdemeanor charges with up to one year in jail and fines up to $1,000
- Felony charges if there is injury, repeated violations or other aggravating factors
- Additional penalties like mandatory counseling and loss of gun rights
Because the consequences are serious, it is critical to have an experienced attorney protect your rights and build your defense.
Will I Have to Go to Court to Fight Domestic Violence Accusations?
Christoph Law Offices can help you. We can contact the district attorney’s office before the first court date if appropriate and provide the D.A. with statements or evidence that the DA may not have and may show your case should be not filed or should be filed as a lesser charge. An early review of your case by an experienced criminal defense attorney can be very helpful in the resolution of the case.
Even if the case is filed against you, there are multiple court appearances that give us an opportunity to get charges dismissed, reduced or penalties minimized based on the facts and circumstances and individuals involved.
Contact attorneys William R. Christoph and Nicholas W. Christoph as soon as possible and let us get started on your case.
What Are The Consequences of a Domestic Violence Conviction in California?
Domestic violence can be charged as either a misdemeanor or a felony, depending on the facts surrounding the case and the alleged abuser’s criminal history. Both result in a loss of gun rights.
- For misdemeanors, the potential sentence probation and up to one year in county jail, fine, significant fine, 52 week domestic violence program and possible retraining orders.
- For felonies, the potential sentence can range from probation up to a four year prison commit.
As you can see, the consequences of a domestic violence conviction are extremely serious, which is why you need to act quickly and contact a lawyer who can handle your case so it is resolved in the best possible way. These offenses can also affect a non-citizen immigration status.
How Can A Domestic Violence Conviction Affect Military Service?
A domestic violence conviction can seriously damage a military career. Service members could face:
- Possible discharge or administrative separation
- Loss of rank and security clearances
- Permanent bans on carrying firearms under the Lautenberg Amendment
These consequences can end a military career, even with relatively minor criminal penalties.
Attorney William R. Christoph brings a unique advantage to defending service members. As a former USMC Captain, Vietnam Infantry Platoon Commander and Cobra Helicopter Gunship Pilot, they understand military life and the career-ending risks a domestic violence case can create. Leveraging this firsthand experience, we can build strong, strategic defenses to protect your freedom and military standing. You may even be eligible for a Military Diversion program which results in the charges ultimately being dismissed.
What Other Related Criminal Charges Could Those Accused Of Domestic Violence Face?
In California, domestic violence can lead to additional or related charges depending on the situation, including:
- Assault or battery
- Child abuse (if children were present or harmed)
- Stalking or harassment (ongoing threats or unwanted contact)
- Criminal threats (threatening violence against the victim)
The nature of the relationship, the severity of the incident and the presence of any prior offenses can all influence what charges are filed. Each added charge increases the stakes, making having an experienced defense attorney even more important.
Contact an Attorney Who Can Help
Located for over 40 years across from the Vista Courts, call Attorneys Nick and William Christoph at 760-941-5720 for a free initial consultation. We are conveniently located near Oceanside, Carlsbad, San Marcos and Escondido. You can also contact us online.
