Santa Rosa Domestic Violence Lawyer

Experienced Domestic Violence Attorneys in Santa Rosa, CA

Domestic Violence Lawyer in Santa Rosa
If you’re facing domestic violence issues in Santa Rosa, whether as a victim seeking protection or someone accused of wrongdoing, you need skilled legal representation that understands both family and criminal law. At Conway Law Practice, our dedicated Santa Rosa domestic violence lawyers have extensive experience, including trial expertise, in handling these sensitive cases. We assist with obtaining or defending against restraining orders, navigating criminal charges, and ensuring your rights are protected. Domestic violence allegations can have life-altering consequences, including impacts on custody, employment, and firearm rights. We’re here to provide compassionate, strategic guidance tailored to your situation.

Domestic violence allegations can have life-altering consequences, including impacts on custody, employment, and firearm rights. In non-violent family disputes, explore the role of mediation in Santa Rosa divorce cases for cost-effective, collaborative solutions—though mediation is not recommended if domestic violence is involved.

Contact us today for a free initial consultation to discuss your case and explore your options.

Understanding Restraining Orders in Domestic Violence Cases

Restraining orders are critical tools for protection in domestic violence situations. In California, these can be issued through criminal or civil courts, depending on whether there’s an active criminal charge or a need for immediate safety measures. Our attorneys practice in both family and criminal law arenas, helping clients at the Criminal Courthouse or Family Courthouse. We’ve successfully handled numerous cases involving restraining orders, from emergency filings to full hearings.

Criminal Protective Order (CPO)

A Criminal Protective Order is issued by a judge to safeguard witnesses or victims in criminal cases, often related to domestic violence. Protected persons may include spouses, cohabitants, or family members. There are two main types:

  • No Contact Orders: Require the defendant to stay away from and avoid all communication with protected individuals or locations.
  • Peaceful Contact Orders: Allow limited contact, but only if it’s entirely non-violent and non-threatening.

Judges can customize these orders based on case specifics. If you’re a defendant, you’ll receive a copy in court, and violations can lead to new charges. Our team can advocate for modifications or defenses against unfair CPOs.

Domestic Violence Restraining Orders (DVRO)

Domestic violence involves abuse between intimate partners, spouses, former spouses, cohabitants, dating partners, or co-parents. California recognizes three primary types of DVROs to protect victims, their families, residences, workplaces, vehicles, and more:

  • Emergency Protective Order (EPO): Issued immediately by law enforcement or a judge, typically lasting 5-7 days to provide short-term safety while a more permanent order is sought.
  • Temporary Restraining Order (TRO): Granted by the court after a petition, lasting up to 20-25 days until a full hearing.
  • Permanent Restraining Order: Can last up to 5 years (renewable), requiring proof of abuse at a hearing. It may include orders for child custody, support, or no-contact provisions.

It may include orders for child custody, support, or no-contact provisions. If your case involves child-related financial obligations, consult a Santa Rosa child support lawyer to enforce payments and address arrears under California law.

If you’re a petitioner, we can help gather evidence like photos, medical records, or witness statements. For respondents, we defend against false allegations to prevent unjust restrictions. For a detailed guide, read our blog: Domestic Violence Restraining Orders in Santa Rosa: A Guide for Petitioners and Respondents.

Civil Harassment Restraining Order (CHRO)

Unlike DVROs, CHROs apply to non-intimate relationships, such as neighbors, roommates, or strangers, where there’s harassment, threats, or stalking without a domestic tie. It doesn’t require physical violence—repeated alarming or annoying behavior suffices if it serves no legitimate purpose.

To obtain a CHRO, petitioners must show “clear and convincing” evidence of ongoing threats. These orders can last up to 5 years. Mere arguments aren’t enough; credible harm must be demonstrated. Our Santa Rosa domestic violence lawyers can assist in filing or contesting CHROs to ensure fair outcomes.

Common Criminal Charges in Domestic Violence Cases

Domestic violence isn’t a single crime but encompasses various offenses under California Penal Code 273.5 (corporal injury to a spouse or cohabitant) and others, including:

  • Domestic Battery: Offensive touching, even without injury (misdemeanor); escalates to felony with visible harm.
  • Assault, Threats, or Stalking: Verbal threats, vandalism, false imprisonment, or sexual assault against intimate partners.
  • Violation of Protective Orders: Contacting protected persons against court orders, leading to new misdemeanor or felony charges.

Charges can arise from reports by victims, neighbors, or witnesses, even without physical evidence. Police may arrest based on probable cause, sometimes detaining both parties.

Defenses Against Domestic Violence Allegations

Being accused doesn’t mean guilt. Common defenses include:

  • Self-Defense: If you acted to protect yourself from imminent harm, this can negate charges—though arrests may still occur initially.
  • False Accusations: Motivated by custody battles, divorce, or revenge; we investigate inconsistencies in statements or evidence.
  • Accidental Contact: Proving the incident was unintentional.
  • Lack of Evidence: Challenging weak proof, like no injuries or unreliable witnesses. For cases involving substance-related allegations, learn how a Santa Rosa lawyer can help with drug charge defenses, including motions to suppress evidence.

Our attorneys intervene early, negotiating with the District Attorney to drop or reduce charges before they escalate.

Penalties and Long-Term Consequences

Domestic violence convictions carry severe repercussions in California:

  • Misdemeanor: Up to 1 year in county jail, fines up to $6,000, mandatory 52-week batterer’s program, and probation.
  • Felony: 2-4 years in state prison (longer with priors or great bodily injury), higher fines, and extended probation.
  • Additional Penalties: Lifetime or 10-year firearm ban (under state and federal law), impacts on professional licenses, immigration status, and child custody. If facing DUI charges alongside DV, discover if a Santa Rosa criminal defense lawyer can reduce DUI penalties through plea deals or evidence challenges.
  • Probation Monitoring: Regular court check-ins, anger management classes, and fees.

Violations can lead to contempt charges, with further jail time. Early legal intervention often mitigates these outcomes.

What to Do If You’re Arrested for Domestic Violence

  • Remain Silent: Don’t discuss the incident with police without an attorney—anything said can be used against you.
  • Seek Bail: We can assist with bail hearings to secure release.
  • Contact a Lawyer Immediately: From arraignment to trial, our team builds a strong defense.
  • Gather Evidence: Document your side, including texts, photos, or alibis.
  • Comply with Orders: Avoid contact with the alleged victim to prevent additional charges.

If you’re a victim, prioritize safety: Call 911 for an EPO, then consult us for long-term protection. For broader guidance, read our article on what should you do after a criminal charge in Santa Rosa, CA, including immediate actions like requesting a DMV hearing.

Frequently Asked Questions (FAQs)

Any abuse—physical, emotional, or threats—against intimate partners or family members. Under California Penal Code Section 13700, this includes acts causing physical injury, sexual assault, or placing someone in reasonable fear of imminent harm, encompassing a wide range of behaviors in domestic relationships. Our experienced Santa Rosa domestic violence attorneys at Conway Law Practice can help clarify if your situation meets these criteria and guide you through the legal process based on years of handling similar cases.

No, only the District Attorney decides; but we can advocate for dismissal. In California, domestic violence cases are prosecuted by the state, not the victim, so even a recantation may not end the case without strong evidence of inconsistencies or lack of probable cause. With our expertise in Santa Rosa courts, Conway Law Practice lawyers have successfully negotiated dismissals or reductions by presenting compelling defenses to the DA.

EPOs: days; TROs: weeks; Permanent: up to 5 years. Specifically, Emergency Protective Orders typically last 5-7 court days, Temporary Restraining Orders up to 20-25 days pending a hearing, and Permanent Domestic Violence Restraining Orders can be issued for up to 5 years under Family Code Section 6345, with options for renewal. As trusted Santa Rosa domestic violence lawyers, we draw from extensive trial experience to assist clients in obtaining or contesting these orders effectively.

Yes, often a 10-year or lifetime ban. Under California Penal Code Section 29800 and federal law (18 U.S.C. § 922(g)(9)), a misdemeanor or felony domestic violence conviction prohibits firearm ownership, possession, or purchase, with lifetime bans for felonies and 10-year bans for certain misdemeanors. At Conway Law Practice, our authoritative team helps clients understand these implications and explore defenses to avoid such long-term restrictions based on proven strategies in Santa Rosa cases.

Yes, contact us to schedule yours. Our initial consultations are completely free and confidential, allowing you to discuss your domestic violence concerns with a knowledgeable Santa Rosa attorney who can provide personalized advice without obligation. With a track record of success in family and criminal law, Conway Law Practice is committed to building trust through accessible, expert guidance from the start.

Contact a Santa Rosa Domestic Violence Lawyer Today

Don’t navigate these complex issues alone. Whether enforcing a court order through contempt proceedings or defending against accusations, Conway Law is ready to help. Filing for contempt involves an “Order to Show Cause and Affidavit,” a powerful tool for non-compliance with orders like support or visitation.

Call us now at (707) 608-9942 or fill out our online form for a free consultation. Our experienced Santa Rosa criminal defense attorneys will provide a personalized plan to protect your future.