Nolan Barton Olmos & Luciano

Domestic Violence

The lawyers at Nolan Barton Olmos & Luciano have successfully handled countless domestic violence cases. We recognize that accusations of domestic violence are often complicated and sensitive matters with intricacies that may not be obvious at first glance. We have handled many cases that have been dismissed without proceeding to a jury trial and have also achieved acquittals at jury trials in misdemeanor and felony domestic violence cases, including a case of alleged spousal homicide.

Though every case is unique, many domestic violence cases proceed in a similar way. If a 911 call is made regarding a domestic disturbance, it is very likely that someone will be arrested and charged with a domestic violence offense. This is because California law requires law enforcement to arrest the person they determine to be the dominant aggressor when responding to these types of calls, even if the incident is very minor. (Penal Code section 13701). This law applies to situations where the police determine there is any evidence of abuse against a current or former spouse, domestic partner, cohabitant, family member or dating partner.  

Once an arrest is made, law enforcement may apply to a judge for an emergency protective order for the alleged victim. (Family Code section 6250.) If the judge makes certain findings and grants the request, the protective order goes into effect and lasts for seven calendar days or five business days, whichever is shorter. (Family Code sections 6251 and 6256.) An emergency protective order generally prevents any contact between the alleged victim and the person who is arrested and often includes a stay-away order from the alleged victim’s address.

The person who is arrested will typically be booked into jail on a felony charge, although the District Attorney may file charges against the person as a misdemeanor. If the police find any evidence of injury, even the smallest red mark, the person who is arrested may be charged with domestic violence resulting in a traumatic condition. (Penal Code section 273.5). Even if there is no evidence of an injury, the person can still be charged with domestic violence. (Penal Code section 243(e)). Criminal charges may be filed even if the alleged victim says he or she started the fight, was not hurt, or does not want to press charges. 

The District Attorney may file additional or different charges including criminal threats (Penal Code section 422), simple battery (Penal Code section 242), child abuse (Penal Code section 273d), assault with a deadly weapon (Penal Code section 245), vandalism (Penal Code section 594), damaging a phone (Penal Code section 591.5), false imprisonment (Penal Code section 236), or violation of a domestic violence restraining order (Penal Code section 273.6). After charges are filed, a domestic violence restraining order is often issued by the criminal court. Some restraining orders prohibit all contact and communication between the accused and the other party; other orders permit contact and communication, including residing together, as long as the interactions remain peaceful and not threatening. Individuals can also seek civil restraining orders if they allege domestic abuse. Alleged violations of these orders can form the basis for new domestic violence charges.    

When someone is convicted of a domestic violence charge, they are typically required to complete 52 weeks of domestic violence counseling (in addition to being on probation, paying a fine, potential jail time, and other court-imposed conditions). A conviction for an offense involving domestic violence often triggers other serious collateral consequences. We work with people who hold professional licenses or security clearances to navigate challenges they face as a result of a domestic violence conviction, or even an arrest.  

We also work with non-citizens charged with domestic violence offenses. A conviction for a crime of domestic violence can result in deportation, regardless of how long an individual has lived in the United States or whether his or her spouse or children are United States citizens. (Immigration and Nationality Act section 237(a)(2)(E)(i)). We work alongside skilled immigration lawyers to advise our non-citizen clients regarding the potential immigration consequences of a conviction.  

Domestic violence prosecutions can also have serious repercussions for child custody disputes. Under California law, a parent convicted of an offense involving domestic violence is presumed to be unfit for sole or joint physical or legal custody of a child. (Family Code section 3044). A conviction of even a misdemeanor involving domestic violence may subject a person to a ten-year ban on firearm ownership under California law (Penal Code section 29805) and a lifelong ban under federal law (18 U.S.C. section 922(g)). 

At Nolan Barton Olmos & Luciano, we work very closely with highly qualified immigration lawyers to make sure that our clients can make the most informed decisions possible. In situations where the client is involved in divorce or child custody proceedings while the criminal case is pending, we also coordinate our efforts with the family law lawyer.