CRIMINAL DEFENSE ATTORNEY IN STATE AND FEDERAL COURTS
STAND UP FOR YOUR RIGHTS IF YOU ARE ACCUSED OF DOMESTIC VIOLENCE
While the reality of domestic violence is well documented, specific accusations may be false. When couples split up, one partner may make an exaggerated or false allegation for revenge, for strategic advantage in a divorce, or for many other reasons. The Law Offices of Richard Dudek helps you stand up for your rights if you are accused of domestic violence in Northern California.
TYPES OF ABUSE PROHIBITED BY CALIFORNIA LAWS
For more than a decade, Richard Dudek has focused entirely on criminal law, building up extensive experience refuting domestic violence accusations in California, such as:
- Elder abuse — Including physical or emotional abuse, neglect or endangerment of a victim 65 years or older, or financial elder abuse through fraud or duress. When physical and financial elder abuse are charged together, our astute advocate combines white collar criminal defense with a vigorous defense against physical abuse charges.
- Child abuse — Corporal punishment, cruel or inhumane treatment or physical aggression that cause even a slight injury
- Corporal Injury — Inflicting injury on a spouse, cohabitant or parent of your child resulting in even a slight injury such as a bruise or swelling
- Domestic battery — Inflicting force or violence on a fiancé, cohabitant, the parent of your child or your current or former spouse or dating partner, even where there is no physical injury
- Criminal threats — Instilling fear by threatening to kill or intentionally harm someone
- Child endangerment — Willfully allowing a child in your care to suffer harm, or endangering the child’s health or safety
Many domestic violence crimes are categorized in California law as “crimes of moral turpitude.” A crime of moral turpitude impacts your future employment and professional licensing prospects. Let the Law Offices of Richard Dudek help you avoid or minimize these serious consequences.
LEARN HOW PEOPLE OBTAIN A RESTRAINING ORDER
Are you suddenly ordered to leave your home? Are you prevented from having contact with your children? Civil or criminal courts issue restraining orders ex parte, meaning based only on your accuser’s claim. The order prohibits contact with your accuser, and often with your children. A restraining order can affect your employment and your personal relationships.
In domestic violence cases, a police officer can telephone a judge at any time and obtain a “protective order” based only on your accuser’s claim. Violating a restraining order is a separate crime, with serious sanctions. If you are the subject of such stay-away orders, obtain an experienced criminal attorney to discover ways of modifying the order or having it withdrawn altogether.
CRIMINAL PROTECTIVE ORDERS OR NO-CONTACT ORDERS IN CALIFORNIA LAW
If a prosecutor files criminal charges, the state also seeks a criminal protective order, or no-contact order, from the court. This order prohibits the accused from calling, emailing or otherwise contacting the accuser except through attorneys. Sometimes the accused is ordered out of his/her home. The order may include a directive to maintain a specific distance, leading to uncomfortable situations where you must vacate a store, a friend’s home or a parent-teacher conference because your ex-spouse has arrived.
Probation terms may also include a criminal protective order. After a domestic violence conviction, the court or probation officer may order that there be no contact with the victim by the convicted abuser. That order might also limit or prohibit contact with your children.
THE EFFECT OF TEMPORARY RESTRAINING ORDERS
A person alleging domestic violence can also obtain a temporary restraining order (TRO) from the civil courts. A TRO is valid until the court holds a hearing at which the accused can present his/her side of the story. After the hearing, the court may issue a restraining order (RO), usually valid for three years.
DISCOVER DOMESTIC VIOLENCE SOLUTIONS WITH ALIN CINTEAN
The Law Offices of Richard Dudek works with you to find creative and responsible solutions for domestic violence issues. Our criminal defense team handles domestic violence investigations and defense in Sacramento and the San Francisco Bay Area. Contact us online or by telephone at (916) 444-7595 to arrange a consultation.