How a Domestic Violence Attorney Can Help You During a Divorce

As a domestic violence attorney, I have worked with clients that have been accused of domestic violence during their divorce proceedings.  Unfortunately, this is an all too common of an occurrence during contested divorces.  Often when one spouse wants to have an advantage in a custody case, for example, accusations of domestic violence can surface.  What had been a normal argument or disagreement can be painted as a violent encounter, regardless of whether it actually was one.  If you feel that your spouse is going down this road, I recommend that you contact my office to discuss this possibility and to develop a strategy for protecting yourself.

Although I will be representing you in criminal law court, a domestic violence charge and subsequent conviction will influence your case in family court.  For example, if you were to be convicted of domestic violence it would change your overall custody case and could even lead to the court issuing orders restraining your from your wife and children; even if your children were not present. I have seen judges order supervised visitation merely because someone has been arrested for a domestic violence crime. Therefore, protecting yourself is important both for your freedom and for the future relationship you hope to maintain with your children. 

A Domestic Violence Attorney Can Protect Your Rights.

As a domestic violence attorney, I will work diligently to ensure that your rights are protected. This starts by discussing with you the accusations and the alleged incident in question, even if formal charges have not yet been filed. I will want to know if anyone was present that could offer an eye-witness testimony and I would discuss any evidence that may be gathered in your favor.  In any criminal case, it is important to gather evidence that can be presented in a trial in order to counter what is being presented by the prosecution.  Everyone is innocent until proven guilty and the prosecution has the burden of proof to demonstrate that you did indeed violate the law.  My job is to provide enough reasonable doubt that a jury would either hesitate to convict you or acquit you all together.  While there is no guarantee of what the outcome of a case might be, what I can guarantee is that you will receive the best possible legal defense.  This involves spending the appropriate amount of time in preparation for your trial.  Keep in mind that if you are suspicious that your soon-to-be ex spouse will lie about domestic violence to gain an advantage in family law court, I can advise you of your options.  I can even talk to the District Attorney’s Office BEFORE formal criminal charges are filed; possibly saving you the embarrassment of a public criminal allegation.

When to Contact a Domestic Violence Attorney:

If you believe that you might be accused of domestic violence, you should call my office right away.  It is never too soon to start preparing for this possibility and the additional time allows for additional preparation. Remember that everyone is innocent until proven guilty but that also means that innocent people can be arrested, charged and tried for a crime.  Do not take your freedom and reputation for granted but instead, work with an experienced attorney that can protect your rights under the law. 

The Defense Tactics of a Domestic Violence Attorney

As a domestic violence attorney, I understand the importance of building a strong defense in order to protect my clients' freedom.  In these cases, emotions run high and it is easy for everyone involved to escalate the seriousness of the situation; often leading to unnecessary criminal charges being filed.  Many of our clients are innocent but due to emotions, misconceptions, or spite, they are charged with domestic violence.  This is particularly common in divorce and custody cases where it is in the other partner’s interest to paint someone as a violent aggressor. 

One of the challenges with domestic violence allegations is that there are usually no witnesses to support a defense since most alleged incidents happen within a home or structure. This is not true with every case but is extremely common.  If you are accused of domestic violence, the prosecutor has the burden of proving that the event took place, how it happened, and that you committed a domestic violence crime.  Not having witnesses means that it is your word against their word and very often, this can work against you.

We will start by investigating your case and asking important questions.  As a domestic violence attorney, we will want to know everything leading up to the event in question, what you were doing during the event and what you did after.  This will help us identify what pieces of evidence we need to gather, people we should interview, etc.  It will also give us a baseline of information when reviewing the evidence that the prosecutor will be submitting. 

When building your defense there are several common approaches that we can take, including:

It was not you.  If you did not commit this act and believe that someone else is to blame, we will help you prove it.  This can happen, for example, if the battery took place at night, and there was poor visibility that could have led the other person to truly believe it was you.

The act was not violence.  If you and your current or ex-partner got into a fight and emotions were high, that does not necessarily mean violence occurred.   By understanding exactly what happened during the incident, we can determine the best argument for this type of defense. 

False allegations.  There are many times where the allegations are completely fabricated. Since the incident would have occurred in the home with no witnesses, it is easy to lie or embellish. Unfortunately, this commonly happens when an individual is in litigation in family law court. A finding of violence by a family law or criminal court could mean that you will lose visitation with your children; resulting in higher child support payments.  As a domestic violence attorney, we will analyze the police report and any evidence prosecution provides in order to look for inconsistencies.  If the story is fabricated, there will almost certainly be inconsistencies.  

There are many defenses to a domestic violence charge.  To get help, give us a call. 

Hire a Domestic Violence Attorney to Protect Your Rights

If you have been charged with domestic violence, you need a domestic violence attorney. California has strict laws regarding this type of crime, and the charges alone can be enough to change your life negatively.  If you have gotten into a physical altercation with your spouse, significant other, child, or cohabitant a prosecutor will likely follow through with the case, even if the other party recants their story.  Don’t expect the charges to go away. Instead, hire a good lawyer that can protect your rights.

Many innocent people are accused of domestic violence and sometimes what starts as a simple argument escalates out of control.  In either situation, attorney Martina A. Vigil can help.  You can schedule an appointment by calling (714) 543-5840. 

There are several reasons why a person may be falsely accused of violence.  Oftentimes a spouse will bring charges in order to gain the upper hand in a custody case.  In California, perpetrators of domestic violence are automatically assumed to be detrimental to children which means you could very well lose custody and even visitation rights, making hiring a good domestic violence attorney extremely important. 

Many times there is no perpetrator of violence but rather a fight breaks out with two people behaving aggressively towards each other.  In this instance, charges may be brought against one individual when they shouldn’t be.  It is also important to tell your attorney if you were simply responding in self-defense.  

When working with Ms. Vigil, you can expect her to build a strong defense.  The sooner you discuss the case, the better because it gives more time to interview witnesses and uncover evidence that will back your side of the story. If the case appears strong enough, she may be able to convince prosecutors to drop or reduce the charges before they are actually filed. This is the best case scenario and can help you to avoid the complications that come from having criminal charges filed against you. 

It is also important to note that domestic violence charges could be brought even if you did not actually harm someone.  For example, you could be charged with a crime for allowing someone else in your household to beat a child or expose them to harm by having a drug lab or something similar in the home.  This can be particularly tricky for a spouse that may be scared to report their significant other.  

Threats of violence that produce fear in the other person could also be considered a crime, even if it didn’t escalate to violence.  This can be a grey area as what you may consider to be a joke or a figure of speech could be interpreted by the other party as a major threat to their health and safety.  If a charge of this nature is brought against you, witnesses become extremely important along with building a defense around your overall character.  

Due to the complexity of California law, it is important to hire a domestic violence attorney that can advocate for your rights and ensure that they are protected.  To schedule an appointment call (714) 543-5840 and speak with Ms. Vigil today.

Why You Need a Domestic Violence Attorney

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.