California lawmakers have gone to great lengths to protect victims of domestic violence from further abuse by passing stiffer penalties for conviction of domestic violence and by increasing the intensity with which domestic violence cases are prosecuted. Though well-meaning, some of these laws were not well thought out. They have been abused in a way that puts innocent people at significant risk.
Domestic violence can occur between spouses, former spouses, adult partners who are cohabitating or who have a child in common, or couples who are in a relationship or who had a past relationship. Most domestic violence charges stem from an argument between two people that escalates. It may include grabbing or pushing. One person calls police and often exaggerates the severity of the incident to encourage police to arrive more quickly.
Police are put in a difficult position when investigating reports of domestic violence. Often, they err on the side of caution and make an arrest even when there is no evidence that domestic violence has occurred. Innocent people are routinely arrested for domestic violence.
Alameda County Family Violence Defense Attorney
If you have been arrested and charged with domestic violence, it is vital to involve an experienced California domestic violence defense attorney as soon as possible. At the Law Offices of Frederick R. Remer, we have successfully defended hundreds of clients against domestic violence charges.
Anyone who claims to be the victim of domestic violence can automatically receive a temporary restraining order (TRO) against the alleged perpetrator. The mere allegation of domestic abuse and the issuance of a TRO can result in you not being treated equally in matters of child custody and visitation.
Often, when a couple is considering a divorce, one spouse makes false accusations of spousal abuse, assault or domestic violence in order to force the other spouse out of the house and to gain a financial, emotional or legal advantage in divorce proceedings. It can be difficult for an alleged victim to drop charges of domestic abuse. A prosecutor can proceed with a criminal case even if the alleged victim requests not to.
Schedule A Free Consultation To Learn More About Your Legal Options
Retaining the services of our experienced Hayward domestic violence defense attorney is a wise first step to protecting your rights and your future. Whether you face assault charges, DUI or drug charges, we will use our negotiation skills to pursue an efficient and successful resolution without going to trial. However, attorney Remer is always prepared to advocate on your behalf in court if necessary to protect your rights and work toward the best possible outcome.
We offer a free consultation in which we can review the facts of your case and recommend the best steps to take. Call 510-887-6880 or email us to schedule an appointment.