San Jose Domestic Violence Lawyer Maureen F. Baldwin

San Jose Domestic Violence Lawyer Maureen Baldwin

Domestic violence is a label that is used to describe conduct between people who have had a romantic relationship. The parties may be married or may simply have gone out on a few “dates” for domestic violence laws to apply. A number of crimes can be charged as domestic violence, as long as the alleged victim and the defendant have been or are currently in a romantic or sexual relationship.

Criminal threats (Penal Code 422)
Stalking (Penal Code 646.9)
Violation of a Court Restraining Order (Penal Code 273.6)
Battery on an Intimate Partner (Penal Code 646.9)
Infliction on Corporal Injury on Partner (Penal Code 273.5)
Dissuading a Witness (Penal Code 136.1)
False Imprisonment (Penal code 236-237)
Felony assault (Penal Code 245)
Spousal Rape ( Penal Code 261 or 262)
Attempted Murder or Homicide (Penal Code 664-187, 187-192)

Not all of these crimes even involve physical contact with the partner. Some are chargeable as felonies and others as misdemeanors. All of them are serious and different from other crimes because the defendant and victim are either involved romantically or are “ex”-wives, husbands, girlfriends, boyfriends. Just making a threat to your significant other can be prosecuted as a crime, even if you never would have done what you said. Following an “ex” can be charged as stalking, or it may be a violation of a restraining order to simply send a “hello” text to a protected party.

All of these crimes turn your life and your family’s life upside-down and invite the police into your bedroom! Police cannot respond to a domestic violence 911 call and just make one of the spouses “behave” or kick out him or her to spend the night at a motel, if they see any physical injury. If the caller changes their mind after the police arrive, or even hangs up after dialing 911, the police will still pursue the case.

Domestic violence is treated very seriously by the courts. You need to know your rights if you are accused of domestic violence. Statements you make to police in the privacy of your own home will be used against you. You need to contact an attorney to try to avoid:

Jail or prison time
52 weeks of domestic violence class
Court orders kicking you out of your own home
Harsh Probation conditions
Restraining Orders
Criminal record

If you are charged with domestic violence or if you are concerned about a domestic violence charged against your partner, you should always seek experience legal counsel. In addition to the mandatory punishment already listed here, a domestic violence may cause employers not to hire you. The conviction can also be used in family/divorce court to interfere with joint custody, and unsupervised visitation with the children. Formal probation is often very difficult because of the long 52 week program and because it changes normal family dynamics. A new argument with your spouse, even if it is not physical, can result in a probation violation or restraining order violation and months, not days, in jail.

San Jose domestic violence lawyer Maureen Baldwin has successfully handled many domestic violence cases, whether that involved having a charge dismissed, reduced to a lesser charge, or taking it to jury trial. Because most people are or have been in romantic relationships, and all relationships have difficulties from time to time, an arrest for domestic violence can happen to anyone. Whether you live in the mansion on the hill or subsidized housing, you or your partner are often only one 911 phone call away from a domestic violence charge. Depending on the case, Domestic Violence Attorney Maureen Baldwin has worked to bring all the facts to the table, sometimes keeping the domestic violence charge from being filed by the prosecutor by giving him information he did not receive from the police report. You can trust San Jose Domestic Violence Attorney Maureen Baldwin to use her years of experience to tailor a defense to the needs of your specific case.