Pleading guilty to a domestic violence charge should be avoided at all costs. Trial should always be the main option, with pleading as a last resort. Rarely, if ever, do the facts at trial come out in the same ironclad form as they appear in a police report. Accordingly, all domestic violence, spousal abuse, spousal battery and domestic battery resulting in corporal injury charges, whether they are misdemeanor or felony charges, must be vigorously challenged.
Sometimes, the challenge is not met by the attorney and the client or, in the best interests of a client, a plea bargain is reached. If a plea is entered in a domestic violence/spousal battery case, the defendant will be required to complete a 52-week batterers treatment program, among other things, and will be placed on a minimum of three years of formal or informal probation, and a protective order of sorts could issue that may even keep the defendant from his or her spouse or children.
While on probation, the defendant must walk through a land mine of potential violations. The unique pitfalls associated with domestic violence probation are largely attributed to the unique nature of the crime. Unlike other crimes, the defendant is often required to continue to interact with the victim or victims of crime. This interaction can prove a double-edged sword, rife for a probation violation.
A defendant on probation for domestic violence is particularly vulnerable to the false accusation. If the parties are going through a divorce, the fact that a spouse is on probation is often used as a weapon to remove the defendant from the home, modify custody or just muddy the defendant up and force him or her to give up something important to both parties. An accusation of a violation must be fought fact for fact by the attorney in charge of the case. The crossover between a family law case, a domestic violence or CLETS restraining order and the criminal case must be thoroughly dissected to get to the bottom of the facts and motivations in the case.
Located in Newport Beach, just across the street from the Orange County Superior Court, Harbor Justice Center, Keith J. Bruno represents individuals who have been arrested or charged with domestic violence probation violations, original charges and/or other criminal offenses involving domestic situations.
The reality is that a domestic violence episode can occur at the most inopportune time — on weekends, over a holiday or at any other unfortunate time. Commonly, drinking is involved and people don't think before they act. In Mr. Bruno's experience, most people — the accused and the alleged victims alike — regret that fleeting decision to call the cops and make their complaint the business of the district attorney.
If that decision has already been made, the family and the defendant need help. Mr. Bruno has extensive experience addressing and winning domestic violence cases all of the requirements attendant to these accusations. If you or your loved one has been arrested and faces charges for any domestic abuse crime or a domestic violence probation violation, Mr. Bruno looks forward to winning your case.
Mr. Bruno understands the system and how it can slaughter the unsuspecting or the unskilled. He routinely sees defendants suffer because of the ineptitude of their lawyers. You do not have to settle for an inexperienced or second-rate attorney. The stakes are too high for a discount lawyer. Mr. Bruno understands what you may be going through and will help you as he would a family member.
If you have been accused of spousal abuse, contact the criminal defense firm BRUNO│NALU, serving all of California, including Orange County, Los Angeles and San Diego. Mr. Bruno will speak to you personally and he will personally represent you throughout the case. You will not be pawned off to a junior lawyer. We offer a free, face-to-face consultation and an in-depth strategy meeting.