Domestic Violence

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Domestic violence in California refers to abuse or threats of abuse between people who have a close personal relationship. This can include:

• Spouses or former spouses
   
• Cohabitants or former cohabitants
   
• Dating or engaged couples
   
• Family members, including parents, children, siblings
   

Abuse can be physical violence, threats, intimidation, harassment, or other controlling behavior.

Domestic violence cases often involve:

• Assault and battery (physical attacks or unwanted touching)
   
• Threats or intimidation
   
• Stalking or harassment
   
• Violation of protective or restraining orders
   
• Child abuse allegations in the context of domestic disputes
   

Domestic violence is usually charged as a misdemeanor, but it can be charged as a felony depending on the severity of the abuse, prior convictions, and whether a weapon was used.

Possible penalties include:

• Up to 1 year in county jail for misdemeanors
   
• Longer state prison sentences for felonies
   
• Fines
   
• Probation with mandatory counseling or batterer intervention programs
   
• Restraining orders or no-contact orders
   
• Loss of firearms rights
   

Domestic violence allegations can impact custody and visitation rights, professional licenses, immigration status, and future employment. Even a first offense can carry long-term consequences beyond criminal penalties.

• The allegations are false or exaggerated
   
• Acts were accidental or mutual
   
• You acted in self-defense or defense of others
   
• Lack of evidence or unreliable witnesses
   
• Violation of your constitutional rights during arrest or investigation
   

If you or a loved one are charged with domestic violence, contact The Law Office of Lincoln Ho’o for immediate help, honest advice, and a strong defense tailored to your situation.