San Bernardino Domestic Violence Lawyer Serving in Rancho Cucamonga
HAVE YOU BEEN ACCUSED OF DOMESTIC VIOLENCE? Here’s what you need to know.
First of all let me introduce myself. I am a private practice attorney located in Rancho Cucamonga, San Bernardino County California. I have represented people accused of crimes, including domestic violence, since 1976. Today I am by myself. In years past, I had as many as 8 employees. Today, it’s just me. If you hire me, I will be your attorney, I won’t send someone else except in an emergency. Second, I will be available to you by text to deal with any problems, questions or concerns. Third, not all cases are the same. In fact all are different. That means your case will have unique aspects. I will research your charges, and possible defenses, not just apply a one size fits all approach you may have encountered. I will pay attention to your unique needs and concerns.
HAVE YOU BEEN ACCUSED OF CRIMINAL DOMESTIC VIOLENCE (DV)?
Domestic Violence accusations occur both in the Family and Criminal courts, sometimes there are Criminal, and Family law cases at the same time for the same event. It is important to protect your rights with an attorney experienced, and actively practicing in both courts. Criminal lawyers usually don’t do family law domestic violence cases. Family lawyers rarely handle criminal cases. To further complicate the matter, Federal law enforcement (ICE) can get involved when immigration issues are involved. I have experience in all these venues.
The most serious problems usually involve criminal charges. The main Domestic Violence Crimes are:
- Penal Code § 273.5 – Corporal Injury on a Spouse/Cohabitant, willfully inflicting corporal injury resulting in a traumatic condition. This applies to a spouse, a former spouse, cohabitant, former cohabitant, dating partner, fiancé(e), or co-parent. All can be charged as a felony or misdemeanor, depending on the severity and frequency of the event(s).
- Penal Code § 243(e)(1) -Domestic Battery is Striking or hitting a spouse, or any of the same relationships. It does NOT require visible injury. It is charged as a misdemeanor. It can be proven in court by the accusers word alone.
Related Criminal Charges often filed in DV Cases include
- PC § 245 – Assault with a deadly weapon
- PC § 422 – Criminal threats
- PC § 646.9 – Stalking
- PC § 236 / 237 – False imprisonment
- PC § 273d – Child abuse
- PC § 368 – Elder abuse
In almost all of these cases, in addition to the criminal charges, the court will issue a domestic violence restraining orders (also called Criminal Protective Orders) under Penal Code § 136.2. If both parties want to stay together, on proper request, the court can issue a “No negative contact” order. When the accuser doesn’t want any further contact, the court will order a “Stay Away” order. If you want a “No negative contact order, I have important warnings for you. After domestic violence is alleged, whether or not it is true, these orders will issue, and be enforced. Reconciliation after these allegations, in my experience rarely ends well.
DIVERSION
I have been able in many cases to settle these cases with some form of diversion.
- Informal diversion is often available in minor cases. This usually involves a 52 week Baterers class, or other similar set of classes such as child endangerment classes. The last one I did included felony accusations, 52 weeks baterers classes, followed by a complete dismissal, and an order for the arrest record sealed.
- Military Diversion is often available. This is more formal, and usually a more intensive treatment program, often tailored to the specific needs of the veteran. PTSD is often an issue in these cases.
- Mental Health Diversion is usually available to non veterans suffering in mental health issues, somehow related to their alleged misconduct.
HAVE YOU BEEN ACCUSED OF DOMESTIC VIOLENCE (DV) IN THE FAMILY COURT?
Family law restraining orders are handled much differently than criminal domestic violence accusations. While criminal cases are filed exclusively by the County District Attorney, The family law case is filed by the person actually making the action, or by his/her attorney.
Family Code §§ 6200 – 6409 deal with these issues the as the “Domestic Violence Prevention Act (DVPA)”. They issue Domestic Violence Restraining Orders (DVROs)
Key sections include:
- § 6211 – Defines “domestic violence”
- § 6300 – Court may issue restraining order upon reasonable proof of abuse
- § 6320 – Stay-away / no-contact orders
- § 6321 – Move-out orders
- § 6340 – Attorney’s fees
- § 6344 – Fee shifting
- § 6380–6389 – Firearm relinquishment
Family Law Division issues DVROs, on as little as 24 hours telephonic notice. Accuser’s notice of the hearing must be done before 10 am, the day before the first hearing, at which time the judge can, and often does issue a tempory order, usually stay-away, no-contact, and/or move-out orders. With these orders in place, a full hearing is set just 21 days later.
Since these cases are filed by the parties having a vested interest in the outcome, there is much greater latitude for abuse. Many times I have seen this used as a strategy to seek advantage in an upcoming divorce, especially when child custody, and spousal support are at issue. I have seen this strategy used many times, often, I suspect after coaching by attorneys or more likely paralegals. These sections are at times abused to exclude a husband from the family, and by high earning women to avoid spousal support, sometimes both at the same time. Where children are involved, these allegations can be used to seek advantage in a future custody dispute. If you suspect something like this. Call me.
By far, the better strategy is to seek advice from an experienced criminal defense attorney who also has domestic violence family law experience. I will research the case, and advise you on the best approach in your circumstances. I offer this service for free of charge, if the is in a court in the Inland Empire area, San Bernardino, Riverside, and Eastern portions of Los Angeles. If you have a pending case, I will also help you understand the charges or allegations against you, and develop a strategy to best deal with them. While this service is also at no charge, I will then discuss terms for representation to implement the proposed defense strategy, and financial arrangements for those services.
I’m John D. Lueck. I can help you determine how best to respond. If you or someone you know has a domestic violence accusation, a warrant, or been arrested for a crime, call me, John Lueck at 909-484-1963 for a free initial consultation.
