Other offenses that are commonly charged.
There are several other criminal charges that may be filed in domestic violence matters, depending on the circumstances of the incident and the view that the police take of the offending conduct. Some of the more common charges that Summit Defense Attorneys have seen filed in these cases include the following:
There are several offenses in the Penal Code that involve kidnapping, with Penal Code 207(a) being the most common one filed in domestic violence offenses. This charge relates to when someone takes, holds, or detains someone by force or fear, and takes them somewhere without their consent. In domestic conflicts, for example, defendants could be charged with this offense in relation to forcing their partner to go somewhere with them, or in some instances because it is alleged that they unlawfully took a child or another family member against their will.
Kidnapping is a very serious charge, always treated as a felony, and exposes defendants to years in prison. If you are facing allegations that involve kidnapping, you need an experienced Summit Defense attorney representing you.
Deprivation of child custody order
Domestic conflict, and conflict between parents, is common when families are going through a divorce or separation. When parents separate, child custody orders will often be made by the courts – but they are not always agreed to by both parents, and the separation from their children can cause parents (as well as their children) a lot of grief. In cases where there is conflict over custody or visitation with children, there are sometimes incidents where one of the parents, or another involved adult, removes the child from the person who has lawful care and custody of them. In other situations, one parent or adult might stop the other from exercising their lawful right to have visitation. This kind of behavior can be an offense under Penal Code 278.5.
The offense of depriving a lawful custodian of a right to custody, or right to visitation, is a ‘wobbler’ – meaning that it can be charged as either a felony or a misdemeanor. And while this kind of matter might seem like a family law problem, if you are charged with this offense you need an expert criminal lawyer from Summit Defense Attorneys on your case.
Our Domestic Violence lawyers includes three former prosecutors, a former police officer and attorneys educated at the country’s top law schools. We fight domestic violence charges—often resulting in dismissal, acquittal or reduced charges.
Feel free to contact us at (888) 986-1338 for a Free Case Review or schedule a consultation online.