Domestic Violence Defense Attorneys in Orange County, California
Frequently Asked Questions
My spouse doesn't want to press charges, so why am I still being charged with domestic violence?
When law enforcement is called out to investigate a domestic violence situation, regardless of whether or not the victim wants to press charges you may still be arrested and charged. All that is needed to make an arrest is “probable cause”. This means as long as the arresting officers believe that domestic violence did take place you can be arrested. It is then up to the district attorney to decide whether or not they will continue to pursue the charges against you. This procedure is in place because the victim in a domestic violence situation often reconciles with his or her abuser or is too afraid to press charges. For this reason the crime of domestic violence is then not only seen as a crime against the victim, but is seen as a crime against the community and the state.
Can I still go by the house to see my child if a restraining order is issued against me?
No. There are no circumstances that would allow for you to go by the alleged victim’s house to see your child when a restraining order is in effect. The only way you will be able to see your child is by an agreement made in family law court regarding child custody/visitation. An experienced Orange County domestic violence lawyer at Coffey & Coffey can help you if a restraining order or an Order of Protection has been issued against you. Please contact us today to learn more about your rights if you have found yourself in a domestic violence situation.
Can I be accused of child abuse for spanking my own child?
When extreme physical force is used against a child you may be charged with child abuse. However if you are spanking your child for misbehaving, and the spanking is minimal and does not result in bruising, this is usually considered to be “reasonable force”. If you have been falsely accused of child abuse, please contact a criminal defense attorney at Coffey & Coffey immediately.
How can I be charged with raping my own spouse when we are married and living together?
By law, any forced sexual intercourse is rape. It does not matter whether you are married or not. If your spouse says “no” you must abide by this or face being arrested and put in jail for a very long time. Contact an Orange County criminal defense lawyer at Coffey & Coffey if you have been accused of rape, spousal rape, spousal abuse, domestic violence or any other serious crime.
Why should I hire a private attorney when I am accused of domestic violence?
Whenever you face a criminal charge the very first step that you should take is to contact a private attorney. Yes, you will be offered a public attorney called a “public defender”; however they may lack experience, education and drive. In most instances, your case will not get the personal attention that a private attorney can and will provide. The Orange County criminal defense attorneys at Coffey & Coffey believe that each client deserves a strong commitment and skilled attorney who is interested in achieving the best possible outcome. When you hire an Orange County domestic violence lawyer from Coffey & Coffey your case will receive the dedication it deserves.
At Coffey & Coffey our criminal defense lawyers represent clients accused of domestic violence, spousal abuse, child abuse or any other crime in Orange County, California including the cities of: Fullerton, Westminster, Santa Ana, Newport Beach and Laguna Niguel.
Have questions about Domestic Violence? Contact the Orange County criminal defense attorneys at Coffey & Coffey today!
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