As an experienced domestic violence attorney, Martina A. Vigil represents those accused of domestic violence. There are many times where a misunderstanding has occurred or a situation escalates out of control, and one party is accused of abusing the other. These charges are serious and require expert legal advice in order to navigate through the court system and ensure that your rights are protected.
In the state of California, violence against a family member, spouse, child, or significant other has more serious consequences than violence against the average person. The law has also been updated to include former spouses and cohabitants. In other words, if you get into a physical altercation with an ex-girlfriend or boyfriend you could still be charged with domestic violence even if the relationship ended a long time ago. Many people are unaware of this revision to the law and surprised when charges are brought against them.
Another reason you may need a domestic violence attorney is if you have children. According to Family Code 3044, the courts are required to assume that giving some form of custody to the perpetrator of domestic violence is detrimental to the child. This means that if you are charged and convicted of domestic violence, you may lose custody of your children. A skilled attorney can argue the merits of your case with the goal of getting the charges reduced or eliminated so that you can continue to see your children or maintain your current custody situation.
Being charged with a crime can be a frightening experience for anyone, even more so when it involves family and the home situation. These charges can prevent you from returning to your residence due to a restraining order, from seeing your children, and going about life as usual. One mistake can transform your entire life in the span of hours. Fortunately, we can help.
If you have been charged with domestic violence don’t assume that the charges will go away once you and your partner have calmed down. Instead, get the representation you need in order to fight the charges so that your life can be protected and restored. This is extremely important as most prosecutors in California will proceed with the case, even if the alleged victim of abuse recants their story. Many counties also impose mandatory jail time, regardless of whether or not you are a first-time offender, which can interfere with work obligations. In order to protect yourself, call the Law Offices of Martina A. Vigil, PC either from jail or immediately after being released on bail. Starting early is important for being able to locate any witnesses and to build a strong defense.
As a domestic violence attorney, Martina A. Vigil works diligently to build a defense that is based on the facts, witness testimony, and character witnesses. Proving that this was an isolated incident is important, especially when dealing with custody issues. The more time Ms. Vigil has to interview people and prepare for court, the better your chances will be of having the charges reduced or dropped.
