Santa Rosa Domestic Violence Attorneys

Defending the Accused in Sonoma, Napa, & Mendocino Counties

If you have been accused of any kind of domestic violence, you may be faced with some harsh penalties. California takes violent crimes seriously and the law goes to great lengths to protect domestic violence victims. Prosecutors do everything they can to attain convictions, often even when the accuser does not want prosecution and asks for the case to be dismissed.

Accused of Domestic Violence?
Don’t risk your future. Get the strong legal defense you need. Contact us now at (707) 986-4482 for a free consultation.

What is Considered Domestic Violence in California?

Domestic violence is a label for various crimes committed against family or household members. 

These crimes can occur between:

• Spouses and former spouses
• Current and former fiancé(e)s
• Current and former live-in intimate partners
• Unmarried parents who share a child
• Current and former dating partners

Types of Domestic Violence Offenses

Domestic violence charges cover a wide range of offenses, many of which carry severe legal consequences. Here’s a breakdown of the most common charges and what they entail:

Assault & Battery

• Assault is the attempt to physically harm someone, even if no contact is made.
• Battery is any intentional touching that is harmful or offensive—even the slightest contact can qualify.
• When the alleged victim is a family member, spouse, or romantic partner, the penalties become more severe.
• Potential Consequences: Jail or prison time, fines, and restraining orders, especially if there are serious injuries or prior convictions.

Sexual Assault

• Domestic violence can also involve sexual assault if a prior or ongoing dating relationship is established.
• Prosecutors often add domestic violence charges to sexual assault cases to increase penalties.
• Defense is crucial—these cases are complex, and evidence can disappear quickly. Hiring an aggressive attorney early is essential.

Stalking

• Stalking is defined as repeated, willful, or malicious harassment that causes the alleged victim to feel threatened.
• When the victim is a former partner or family member, domestic violence penalties apply, increasing the risk of jail or prison time.
• A stalking conviction may also result in a restraining order and mandatory counseling programs.

Criminal Threats

• Domestic violence doesn’t have to be physical—verbal threats can lead to serious charges.
• The severity of the threat, past behavior, and any physical actions (e.g., punching walls, throwing objects) determine how harsh the penalties will be.
• These cases are often highly defensible, especially under First Amendment protections and the accused person’s actual ability to carry out the threat.

False Imprisonment & Kidnapping

• False imprisonment occurs when someone restricts another person’s movement without consent. Kidnapping is a more serious offense that involves moving the victim.
• Charges of false imprisonment can be filed even if the alleged victim was held for a very short period.
• While false imprisonment isn’t as severe as kidnapping, a conviction can still result in significant legal consequences.

Restraining Orders & Violations

• Courts can issue various types of restraining orders, often requiring the accused to:
  • Avoid contact with the protected person and their family.
  • Move out of a shared residence—even if they own or lease it.
  • Follow child custody and support orders.
  • Surrender property, pets, or financial assets as required by the court.
• Violating a restraining order—even accidentally—is considered domestic violence and can lead to additional criminal charges.

What are the Penalties for Domestic Violence?

The consequences of domestic violence charges can be devastating, including:

• Probation,
• Fines, 
• Mandatory counseling, 
• A permanent criminal record, 
• And even jail time. 

Beyond the criminal consequences, it can also damage your reputation and has the potential to cost you the right to see or have custody of your children. It is imperative that you have an attorney on your side to defend your rights and advocate for you every step of the way. Schedule a consultation with a Santa Rosa domestic violence defense attorney today. 

Defenses Against Domestic Violence Charges

Being accused of domestic violence can have life-changing consequences, but there are legal defenses available. An experienced attorney can help build a strong case in your favor. Some common defenses include:

• False Allegations: Unfortunately, false accusations are common, especially in divorce or custody disputes. A lawyer can present evidence to expose inconsistencies in the accuser’s statements.
• Self-Defense: If you were acting to protect yourself from harm, your attorney can argue that your actions were justified.
• Lack of Evidence: Prosecutors must prove guilt beyond a reasonable doubt. If there is insufficient evidence, your lawyer can argue for dismissal.
• No Willful Intent: If the alleged incident was an accident, it does not meet the legal definition of domestic violence.
• Alibi: If you were not present at the time of the alleged incident, evidence such as phone records or surveillance footage can support your case.

Having an experienced attorney early in the process is critical. They can negotiate with prosecutors, challenge weak evidence, and possibly prevent charges from being filed at all.

The Role of Evidence in Domestic Violence Cases

Evidence plays a crucial role in both the prosecution and defense of a domestic violence case. Some key types of evidence include:

• Text messages, emails, and call logs: These can support or contradict claims made by both parties.
• Witness statements: Neighbors, family members, or friends may have seen or heard what happened.
• Medical records and photos: Injuries (or the lack of them) can help establish what occurred.
• Surveillance footage or 911 recordings: These can provide objective accounts of the incident.

If the accuser recants or refuses to testify, the prosecution may still proceed if they believe there is enough other evidence. This makes having a strong defense even more important.

How Can a Santa Rosa Domestic Violence Attorney Help You? 

In California, it's no surprise that domestic violence is taken seriously. Our team criminal defense lawyers know how devastating domestic violence accusations can be on someone's life, livelihood and more. With that, a criminal defense attorney at Wilbur Law Offices, P.C. has years of experience handling these types of cases. 

Early intervention in your case can mean the potential to negotiate a plea bargain or lead to a prosecutor to NOT file charges in the first place. If your case does make it to trial, we will work to ensure that you and your interests are represented. Contact us for a consultation. 

Why You Need a Santa Rosa Domestic Violence Defense Attorney

A domestic violence conviction not only involves criminal penalties but can impact other civil rights. You may lose your gun rights. You may also find it difficult to gain future employment, housing, and other life opportunities with a permanent criminal record. Furthermore, if you are a non-citizen, a conviction can impact your immigration status. Without an attorney experienced in defending domestic violence charges all the way through to a jury trial, your future and freedom could be at serious risk. 

Frequently Asked Questions (FAQs) About Domestic Violence Charges

Can I Be Arrested for Domestic Violence Even If the Alleged Victim Doesn’t Want to Press Charges?

• Yes. In California, prosecutors can pursue domestic violence charges even if the alleged victim refuses to cooperate or wants to drop the case. Law enforcement officers must make an arrest if they believe there is probable cause that a crime occurred. The decision to file or dismiss charges lies with the District Attorney, not the victim.

Will a Domestic Violence Charge Show Up on a Background Check?

• Yes. If you are arrested or convicted of domestic violence, it will likely appear on background checks. This can impact employment, housing, and professional licenses. However, some cases may be eligible for expungement after a conviction, which can remove it from most public records.

Can I Contact the Alleged Victim If There’s a Restraining Order Against Me?

• No. If a restraining order is in place, you must not contact the protected person in any way—including phone calls, texts, social media, or through a third party. Even accidental contact (such as mistakenly dialing their number) can lead to additional criminal charges. If you need to discuss child custody or other legal matters, your attorney can help you do so legally.

What Happens If I Violate a No-Contact Order?

• Violating a no-contact or restraining order can result in additional charges, fines, and jail time. Even if the alleged victim reaches out to you first, you must not respond. If you accidentally violate the order, speak with your attorney immediately.

Can a Domestic Violence Case Be Dismissed?

• Yes, but it depends on the circumstances. A case may be dismissed if:
  • The evidence is weak or insufficient.
  • The alleged victim refuses to testify and there is no other strong evidence.
  • Your attorney negotiates a plea deal for a lesser charge.
  • There is proof that the allegations were false.

How Long Does a Domestic Violence Case Take?

• The timeline varies, but most cases take several months to a year. Factors like evidence collection, witness availability, and plea negotiations can affect the length of the case. If your case goes to trial, it may take even longer.

Can a Domestic Violence Charge Affect My Immigration Status?

• Yes. Domestic violence convictions can lead to deportation, denial of citizenship, or other immigration consequences for non-citizens. If you are facing charges, it’s crucial to have both a criminal defense attorney and an immigration attorney involved.

Protect Your Rights – Act Now!
A domestic violence charge can have serious consequences. Take action today. Contact us at (707) 986-4482 for experienced legal help.

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