Domestic Violence

Santa Ana Domestic Violence Lawyer

Accused of domestic violence in Santa Ana?

Charged with any type of domestic violence offense in California? If you are convicted, you could suffer very serious consequences! In California, domestic violence can include any of the following:

  • Harassing
  • Stalking
  • Threatening
  • Hitting
  • Disturbing someone's peace
  • Destroying personal property
  • Sexually assaulting
  • Physically hurting someone or trying to hurt them

A domestic violence incident involves someone you are married to, divorced from, dating or used to date, living with (more than a roommate), your parent or another close relative such as your child, brother, sister, grandmother, grandfather or in-law. When police arrive on the scene after a domestic violence call, they have no choice other than to arrest one or both parties; the arrest will be based upon what they are told by the alleged victim, or their observations of the situation.

Should the alleged victim later recant, this will not resolve your problem; the state is now involved and they will make that decision. They may proceed with the case against you, even in cases in which the victim admits that they exaggerated the situation or that the accusations were false. Any charge of domestic violence is a serious legal problem, and you need help from a hard-hitting Santa Ana criminal attorney from Thomas Tears, Attorney at Law! With 30 years of experience in court, we know how to manage these cases and how to help you fight back. Call us today if you are looking for tough and immediate legal action on your behalf!

Domestic Violence Laws & Penalties

California law clearly outlines the following offenses:

  • Corporal injury to a spouse or cohabitant (Penal Code 273.5).
  • Domestic battery (Penal Code 243).
  • Child abuse (Penal Code 273).
  • Child endangerment (Penal Code 273).
  • Elder abuse (Penal Code 368).

Typically the punishment depends on the seriousness of the injuries and if the defendant has a prior criminal record. Typically, most counties impose a minimum 30 days in jail, even if you are only convicted of a first-time misdemeanor. Also, most judges usually require a defendant to attend a 52 week domestic batterer's class. If you have been convicted of a domestic violence charge, you can expect some or all of the following punishments:

  • Jail time
  • Fines
  • Community service
  • Probation
  • Counseling program
  • Anger management program
  • Ten-year ban on the possession/use of a firearm

In California, a domestic violence conviction is part of someone's permanent criminal record. Our lead attorney, Thomas Tears, has defended clients against criminal charges for over 30 years, and our firm knows how to best navigate the justice system in domestic violence cases. Accusations can be exaggerated, false, or could have mitigating circumstances that must be brought to the attention of the court.

The earlier our firm gets involved, the more likely we can achieve a dismissal of charges. When this is not possible, you can be confident that we will move forward with a defense strategy that is carefully planned and professionally managed. Even if you are found guilty, we will not stop fighting for your best interests. There are other feasible options we can pursue: we can fight for a reduction of charges and we can fight to keep you from behind bars!

Secure representation from an aggressive Santa Ana criminal defense attorney!

You have rights, and they must be zealously protected by a professional and experienced domestic violence defense lawyer! At our firm, we have great insight into the criminal justice system and what to do for our clients that are facing criminal accusations in a spousal abuse, domestic abuse or domestic violence case. You could be restricted from entering your own home, seeing your children, or even gaining access to your personal possessions without being incarcerated, as a restraining order is usually part of any domestic violence charge. You need legal representation that can take effective action for you immediately. We advise you to contact a domestic violence lawyer from our firm at once if you are accused of misdemeanor or felony domestic violence!