Frequently Asked Questions

What are the most common domestic violence criminal charges in a California caes?

The most common domestic violence criminal charges filed by the district attorney are corporal injury to a spouse or cohabitant in violation of Penal Code Section 273.5, domestic battery in violation of Penal Code Section 243(e), and criminal threats in violation of Penal Code Section 422.

What happens in a domestic violence case if the accused is not a U.S. citizen?

If you are not a U.S. citizen and have been accused of a domestic violence offense or arrested for a domestic violence charge, you may be deported from the United States. For that reason and many others it is extremely important that you are represented by a qualified domestic violence defense attorney and fight the domestic violence charges. A California domestic violence defense lawyer should begin working on your case immediately, even before any charges have been filed by the District Attorney. The sooner you contact the office, the more effective we can be.

What happens after being arrested for a domestic violence offense in California?

The police officers who were called to the scene will write detailed domestic violence police reports, obtain witness statements, run a criminal background check on the person arrested for domestic violence, and conduct further investigation of the domestic case. It is important at this time to get legal representation from a California domestic violence defense attorney at the earliest possible opportunity to represent you . The police forward written reports to the District Attorney's Office and may present the case in a meeting where a prosecutor will determine whether or not to formally file domestic violence criminal charges.

What if my spouse or partner wants to drop the charges?

Once the case has been taken over by law enforcement, it may be brought to the prosecutor who is the one who will decide whether or not there is enough evidence against to proceed to court and a possible Trial. Law enforcement will attempt to interview your spouse or partner to determine why he or she has changed their mind. Additionally, domestic violence advocates will try to encourage the complainant to pursue the case.

If I was arrested for a felony, will I be charged with one?

Not necessarily. The prosecutor will decide on what charge will be filed, based on the facts of your case and any pre-filing intervention on your behalf by your defense attorney. Often in these cases, felony charges are reduced to misdemeanor charges when you have a Los Angeles domestic violence defense attorney working on your case. In some cases, where there is not sufficient evidence, the case may be dropped entirely.

Experienced Domestic Violence Lawyer

The stakes are high in a California domestic violence case. A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet two (2) hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment as provided by Penal Code section 1203.097. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.

Robert Tayac is recognized as being among the top domestic violence lawyers in California and represents clients in criminal cases related to domestic violence, assault and battery, and applications for and responses to restraining orders. Attorneys, investigators and experts working with this highly specialized law office represent clients in the Northern California criminal courts located in San Francisco, San Mateo Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this law firm represent clients seeking or defending against temporary restraining orders and no harassment orders before the superior courts of San Francisco, San Rafael, Redwood City, South San Francisco, Napa, Oakland, Palo Alto, Walnut Creek, San Jose and Santa Rosa. The firm accepts only California domestic battery cases, California temporary restraining order actions or California driving under the influence cases.