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Step 1: The ArrestDon’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate. -
Step 2: The ArraignmentWalsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home. -
Step 3: Pre-Trial HearingsWe’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.
Sacramento Domestic Violence Attorney
Domestic violence accusations can change your life in an instant. An argument turns into an arrest. A phone call to the police becomes a criminal charge. A temporary restraining order becomes a barrier between you and your home, your children, and your rights. If you have been accused of domestic violence in Sacramento, it is critical to speak with an experienced Sacramento domestic violence lawyer as soon as possible.
At Walsh Law, we understand the seriousness of these allegations and the emotional, legal, and personal consequences you may be facing. Our legal team is committed to protecting your rights, building your defense, and helping you move forward with confidence.
Contact our Sacramento domestic violence lawyer at (916) 610-3558 today to start your defense!
What is Considered Domestic Violence?
In California, domestic violence is defined as abuse committed against someone with whom you have an intimate or familial relationship. While many people associate domestic violence only with physical harm, the legal definition is broader and includes a range of behaviors intended to control, threaten, or intimidate another person.
Under California law, domestic violence can involve a spouse, former spouse, dating partner, former dating partner, cohabitant, co-parent, or a close relative. Law enforcement officers responding to a domestic disturbance are required to make an arrest if they believe abuse has occurred, even if the alleged victim is hesitant or does not want to press charges.
A Sacramento domestic violence lawyer from Walsh Law can evaluate your situation, explain the specific charges against you, and determine the best defense strategy.
Common Forms of Domestic Violence
Domestic violence does not always look the same. It can range from verbal threats to serious physical injuries. Some of the most common forms include:
- Physical abuse such as hitting, pushing, choking, slapping, or using weapons
- Sexual abuse or non-consensual acts
- Verbal or emotional abuse, including name-calling, humiliation, and intimidation
- Threats of violence or harm
- Stalking or harassment
- Financial control, such as restricting access to bank accounts
- Destroying personal property
- Isolation from family or friends
Even if there are no visible injuries, certain actions and statements can still result in domestic violence charges. This is why having a Sacramento domestic violence attorney on your side is essential.
California Domestic Violence Laws
California has some of the strictest domestic violence laws in the country. The most common criminal charges related to domestic violence include:
- Penal Code 273.5 – Corporal injury to a spouse or cohabitant
- Penal Code 243(e)(1) – Domestic battery
- Penal Code 422 – Criminal threats
- Penal Code 646.9 – Stalking
These charges may be prosecuted as either misdemeanors or felonies, depending on the severity of the incident, injuries involved, and whether you have prior convictions.
In Sacramento, local law enforcement and prosecutors take these cases very seriously. Even a minor accusation can lead to immediate arrest, mandatory court appearances, protective orders, and potential jail time.
Penalties for Domestic Violence
Domestic battery in California is most often charged as a misdemeanor under Penal Code §243(e)(1). Even as a misdemeanor, the consequences are significant and can include:
- Up to 1 year in county jail
- Fines up to $2,000
- Mandatory domestic violence counseling (52-week batterer’s program)
- Probation and community service
- A permanent criminal record
If the charge is elevated to corporal injury to a spouse or cohabitant (Penal Code §273.5), and the alleged victim suffered a visible injury, it may be prosecuted as a felony. Potential penalties include:
- Up to 4 years in state prison
- Higher fines
- Longer protective orders
- Loss of gun rights
- Immigration consequences for non-citizens
Because of these severe penalties, it is vital to work with an experienced Sacramento domestic violence lawyer who understands how to build an effective defense.
Domestic Violence Restraining Orders
In addition to criminal charges, many domestic violence cases involve a protective or restraining order, also known as a Domestic Violence Restraining Order (DVRO). These orders may initially be issued on a temporary basis but can later become permanent if the court finds sufficient evidence.
A restraining order may:
- Ban all contact with the protected person
- Force you to move out of your home
- Limit or eliminate visitation with your children
- Require surrender of firearms and ammunition
- Impact your ability to travel, work, or attend school
Violating a restraining order is a separate criminal offense, even if the protected person initiates contact.
Domestic Violence FAQs
Can I be charged if the alleged victim does not want to prosecute?
Yes. In California, the decision to pursue charges belongs to the prosecutor, not the alleged victim. Even if they ask to drop the charges, the case may move forward.
Will I go to jail for a first offense?
Not necessarily. Some first-time offenses may result in probation, counseling, or diversion programs. However, jail time is still a possibility without a strong legal defense.
What if I acted in self-defense?
Self-defense is a valid legal defense in many domestic violence cases. A skilled Sacramento domestic violence lawyer can argue that you were protecting yourself or your children from harm.
How long does a domestic violence case take?
It depends on the complexity of the case, the court’s schedule, and whether it goes to trial. Some cases resolve in months, while others may take longer.
Can a conviction be removed from my record?
In certain circumstances, you may be eligible for expungement. An attorney can advise you on your options after the case is resolved.
Reasons to Choose Walsh Law as Your Defense
You have several important factors to weigh when considering legal representation. Working with the right domestic violence attorney in Sacramento can significantly impact the trajectory and outcome of your case.
Here are the main reasons clients choose our team for domestic violence defense in Sacramento:
- Extensive prosecutorial background: Our lead attorney, Chris Walsh, is a former Chief Assistant District Attorney and homicide prosecutor, bringing over 19 years of criminal trial experience and deep insight into the prosecution's perspective in Sacramento County courts.
- Selective caseload for dedicated service: We take on a limited number of cases at a time, ensuring you receive the tailored focus and attention you deserve no matter how complex your domestic violence matter may be.
- Personalized defense strategies: Every domestic violence case is different. We analyze the evidence, the local context, and the police investigation to develop a responsive plan addressing your specific needs.
- Community familiarity: We have established relationships and credibility in Sacramento’s legal community, allowing for informed and effective advocacy in front of familiar judges and prosecutors at the Sacramento County Superior Court.
- Proven recognition and legal awards: Chris Walsh’s track record has earned repeated professional honors and recognition for his trial work in California criminal courts—so clients know they are getting a trusted advocate.
Individuals who are searching for a domestic violence attorney want assurance that their lawyer will not only understand the emotional stress involved but will also take the time to construct a defense unique to their personal circumstances. For domestic violence cases handled in Sacramento County Superior Court, we conduct thorough pretrial investigations and leverage our knowledge of courtroom procedures and local judicial preferences.
Take Action: Secure Your Defense Today in Sacramento
Our dedicated team is ready to provide the attention, strategy, and legal support you need to navigate this challenging time. With an emphasis on strategic defense and personalized service, we are prepared to help you take control of the situation and protect your rights. A proactive approach with a skilled domestic violence attorney in Sacramento can make all the difference in the outcome of your case.
If you’re facing domestic violence charges, don’t leave your future to chance. Contact us at (916) 610-3558 for a confidential consultation.
Values You Can Relate To
Client Testimonials
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“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”- Melissa C.
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“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”- Claudia H.
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“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”- Dewan P.