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Irvine, Orange County Domestic Violence Attorney

Representing individuals charged with domestic violence in Irvine, Santa Ana and throughout Orange County, CA.

Under California law, it is unlawful to use physical force or threaten to cause bodily harm to a spouse, ex-spouse, or other intimate partner or family member. This type of criminal offense is accomplished by using force or violence, causing visible injury in the alleged victim. 

Penalties for domestic violence crimes depend on the facts of the case, including the extent of injuries which may have been inflicted and any previous criminal history of the offender. Even first-time offenders, however, are often given a minimum thirty-day sentence to a county jail and required to complete a batterer's program. It is therefore in your best interests to have the Irvine, CA domestic violence lawyer at our firm working on your case from the start to help you avoid a conviction. 

Are you being charged with or investigated for domestic violence crimes in the Orange County area? Mr. McDonald is a qualified criminal defense attorney who has practiced law since 1990. McDonald is a former Orange County prosecutor with unmatched knowledge and experience to apply to your defense case. When you retain his services, he will work zealously to ensure that your rights are protected, that you are treated fairly, and will make every effort to achieve the best possible outcome.

Penalties for Domestic Violence in California

The judge in your case will be ultimately concerned with ensuring the safety of the alleged victim. Depending upon the relationship of the parties, the judge may order a temporary or permanent no-contact order. If the complainant in your case is the parent of your children, this could result in a difficult situation in terms of custody and visitation. Domestic violence convictees also have difficulty obtaining or maintaining primary placement of their children and may even lose visitation rights as a result of the conviction.

In addition to the civil penalties described above, you could face an enhanced incarceration period due to present aggravating factors. This may mean you are unable to see your family for weeks or months, unable to maintain your job and prohibited from continuing your life as before. Domestic violence defendants are not permitted to own or possess firearms and many are forced to undergo lengthy anger management courses and counseling as a provision of their sentence.

 

Marcy's Law: 

Victims of domestic violence can’t be jailed for contempt of court for refusing to testify against the alleged batterer. Generally, if someone refuses to testify, and they don't have a legal privilege allowing them to remain silent, the judge will order that person to answer the question, or be found in contempt. If the person still refuses to testify, then the judge can order that person to jail until they change their mind about testifying. Marcy's Law made an exception to this rule for victims of domestic violence. If the domestic violence victim refuses to testify against the suspect, all the judge can do is order the victim in to take a class for domestic violence victims. Often times, if the victim simply refuses to testify, the case has to be dismissed due to the lack of evidence. 

Contact our Domestic Violence Lawyer at the firm if you are facing domestic violence charges in the greater Orange County and Irvine, CA area.


The Law Offices of Mark Raymond McDonald serves clients in Santa Ana, Irvine and throughout Orange County, California.



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1100 Town and Country Road, Suite 1250, Orange, CA 92868
| Phone: 888-686-7874

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