Contra Costa County Domestic Violence Lawyer

If you have been arrested or charged with domestic violence or spousal abuse, or have been served with a restraining order, you need an experienced criminal defense lawyer in your corner. As a former prosecutor in the family protection unit, Matthew O’Connor has extensive experience in handling, negotiating, and resolving domestic violence cases. At O’Connor Law APC, we know the system and will vigorously defend you to make sure your rights are protected. Contact our firm today to schedule a free consultation.

Domestic Violence Defined Under California Law

In California, domestic violence refers to abuse committed against an intimate partner. Under Penal Code § 13700, this includes a spouse or former spouse, cohabitant, fiancé(e), someone the accused is dating or has dated, or the other parent of a shared child. Abuse is broadly defined and can include physical harm, threats, harassment, stalking, or even destroying personal property.

Importantly, physical injury is not required for an act to be considered domestic violence. Verbal threats, emotional intimidation, and coercive behavior can also lead to charges. California law takes these allegations seriously, and prosecutors will often move forward with a case even if the alleged victim decides not to press charges. This is why having knowledgeable legal representation from the start is essential.

Consequences of Domestic Violence Charges in California

The consequences of a domestic violence conviction will vary depending upon the circumstances of each case, such as whether or not the defendant had prior charges of domestic violence or a history of violence, and the severity of injury to the victim. A prosecutor may file domestic violence charges as either a misdemeanor or a felony. That said, a brief overview of the potential penalties you may face are as follows:

• Misdemeanor Conviction: Up to one year in county jail, fines of up to $6,000, mandatory domestic violence counseling (such as a 52-week batterer’s program), community service, and probation.
• Felony Conviction: Two, three, or four years in state prison, higher fines, formal probation, and a possible “strike” under California’s Three Strikes law if serious bodily injury occurred.
• Criminal Protective Orders (CPOs): The court may issue a restraining order that can prevent you from returning home or having contact with the alleged victim—even before a conviction.
• Loss of Gun Rights: A conviction may result in a lifetime ban on owning or possessing firearms.
• Immigration Consequences: Non-citizens may face deportation or be deemed inadmissible for permanent residency or citizenship.
• Child Custody and Family Law Impact: A domestic violence conviction can have serious implications in family court, including limitations on custody or visitation rights.

Penalties for Violating a Restraining Order in CA

Violating a restraining order in California is a serious offense under Penal Code § 273.6. The consequences vary based on the nature of the violation and the individual’s prior history:​

• Misdemeanor Violation: A first-time, intentional, and knowing violation is typically charged as a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, or both. ​
• Misdemeanor with Physical Injury: If the violation results in physical injury to the protected person, the court may impose a mandatory minimum jail sentence of 30 days and a fine of up to $2,000. ​
• Felony Violation: Repeated violations or those involving acts of violence can escalate to felony charges, carrying penalties of 16 months, 2 years, or 3 years in state prison, and fines up to $10,000. ​

Additionally, violating a restraining order can lead to other consequences, such as mandatory counseling, loss of firearm rights, and negative impacts on child custody arrangements. Given the complexities and severity of these penalties, it’s crucial to have a seasoned Contra Costa County domestic violence lawyer in your corner.​

Potential Defenses

Of course, the specific defense that your lawyer will use will depend largely on the circumstances of your domestic violence charge. That said, some of the most commonly-used defenses against these charges are as follows:

• Self-Defense or Defense of Others
• False Allegations or Fabricated Claims
• Lack of Evidence or Inconsistent Testimony
• Accidental Injury or No Intent to Harm
• Mutual Combat
• Violation of Rights During Arrest or Investigation

Contact a Pleasant Hill Domestic Violence Lawyer

If you have been arrested for domestic violence, contact O’Connor Law APC for an experienced lawyer who will protect your rights. At O’Connor Law APC, our criminal defense attorneys are well-known and respected throughout the legal community. From our offices in Pleasant Hill, we serve clients throughout the San Francisco Bay Area. Our knowledge and experience are always available to you. Contact our firm today for a free consultation.