Domestic Battery Lawyers in Orange County

A conviction for domestic battery in Orange County is usually punishable as a misdemeanor and could subject you to:

• A county jail sentence of up to one year, and/or
• A maximum fine of $2,000
• Court and restitution fine fees
• A 52-week Batterer’s Treatment Program

In most cases, if it is your first domestic battery offense (and you have no other criminal record), The Law Offices of Bryan R. Kazarian will fight to persuade the prosecutor and/or the judge to grant informal (or summary) probation instead of jail time.

Probation is usually contingent on the defendant completing domestic violence classes, also called the batterer’s treatment program or another suitable counseling program.

In domestic violence or battery cases, the judge’s first duty is to protect the alleged victim and the public. A thorough investigation will be performed to see if protective orders or restraining orders are warranted by the court.

If there is not enough evidence, the evidence is questionable, or your rights were violated when you were arrested, there is a chance that your case could be dismissed and you will never have to stand trial for domestic battery.

However, bear in mind that even if the person who made the initial complaint wants the charges withdrawn and the case dropped, the decision is taken out of her/his hands after the police are called.

The prosecutors at the District Attorney’s office make the final decision about whether or not to proceed with the case.

Poor decisions can be made in stressful domestic situations, resulting in a domestic battery charge.

Sometimes, however, a claim of domestic battery may be purposely used against an intimate partner to damage their reputation. This situation usually arises in a child custody battle between two divorcing parents.

After reviewing the specific details of your case, Bryan R. Kazarian will generally apply one of the following three defense strategies:

It may be argued that you acted in self-defense or the defense of others. This requires:

• A reasonable belief that you or someone else was in imminent danger of suffering bodily injury or being touched unlawfully,
• The immediate use of force was deemed necessary to defend against the danger, and
• An appropriate level of force was used to defend against the danger.

Nobody can be found guilty of domestic battery without the intent or mental state required to commit the crime.

Domestic battery requires a “willful” act of touching an intimate partner. Therefore, it may be argued that the force or contact with the alleged victim was an accident.

False accusations of battery are, unfortunately, quite common, but it is important to know that the mere allegation of Domestic Violence could lead to the Orange County District Attorney filing such a charge if the victim has reported such an incident. The statement of a victim is commonly enough of a basis for the filing of these charges.

Context is important in these cases and often, things are said and done in the heat of the moment. While there is never an excuse for violence in the family home, false claims of domestic battery may be made due to anger or jealousy, or out of revenge.

The prosecution must prove every element beyond a reasonable doubt. This can often be called into question by an experienced domestic battery lawyer.

If you or a loved one have been charged with domestic battery, your best defense is for an attorney from The Law Offices of Bryan R. Kazarian to defend your rights and freedoms.