Gtgt RYAN Today, we are with David Shapiro. David is a criminal defense attorney, in San Diego, California. He has agreed to answer some online questions related to domestic violence. If you are in a situation where you are facing charges of domestic violence and are in the process, now, considering hiring an attorney, one of the things you can do, that I’d recommend, is take a look online at some of the client reviews. In the case of David, he’s got a ton of very positive client reviews. This is from Google, Yelp,.
Avvo he’s actually got a perfect 10 rating on Avvo. If you’re not familiar with Avvo, it is actually a website where other attorneys, as well as clients, can rate you based on previous experiences. It is definitely something you should consider during that process. He’s agreed to answer your questions, directly, so if you have a question, related to criminal defense, in this case specifically to domestic violence, all you need to do is post your question to the Comments section below and he will get back to you typically within 24.
To 48 hours. With that said, David let’s go into the first question that was posted online. gtgt RYAN I’ve been charged with domestic violence not convicted. If I am convicted, will I lose joint custody of my son gtgt DAVID That’s a good question. Possibly, is the answer from the criminal defense attorney’s standpoint of it. What we need to be aware of is, a lot of times, the child, if remotely present during the alleged act of violence towards your spouse, baby’s mother, whatever the situation may be, the child could also be considered an alleged victim of the act.
San Diego Domestic Violence Attorney Criminal Lawyer Answers Legal Questions
Of domestic violence. Many times, clients of mine will get charged with domestic violence offenses toward their spouse or exspouse and the child who is present is also named as a victim under the theory that their mental health was endangered. There may be a child endangerment charge or child abuse charge. That’s something you need to keep in mind. That person, in the criminal court case, your child might be a protected party. You may not have any contact and may not be allowed to legally have any contact with your child.
As part of the criminal court. As far as child custody stuff goes, obviously a domestic violence conviction, any conviction, would be a problem. Specifically, though, the best approach is to hire an experienced family law attorney that deals with divorces or child custody stuff, more importantly, who can work hand in hand with your criminal defense attorney, someone like me, to make sure that you are protected in both criminal and family court. In the event that case in criminal court ends with some sort of negotiated deal, you want.
To make sure that what you resolve the case for in criminal court, although in itself it may be a really great deal, we also want to make sure it protects you in family court, most noticeably, in your situation, with child custody. gtgt RYAN All right. The next question we had was my exhusband has been convicted of domestic violence. I would like to get a restraining order. Is all I need to do is go to this link and complete the form Just so you know, for the people watching, there is a link to the.
State website and that will be in the description, below. gtgt DAVID I mean, you can certainly go to the California’s courts website and that is something you can do to fill out a restraining order packet and gather some basic information. It is always better to go into court and have the assistance of an attorney when you petition the court for a protective order. What I can tell you is if your husband has already been convicted of domestic violence in criminal court, it certainly, if he is still on probation,.
As part of that probationary sentence, if you’re convicted of a domestic violence offense in the state of California, it is mandatory that there be some sort of protective order. Whether it is a full protective order or it is a no negative contact order, there is likely already one in place as part of the criminal court case. Whether or not there is, though, you definitely have those rights to go and petition it through civil court, particularly the domestic violence division of civil court. That website, the California Courts, sdcourt.ca.gov,.
Is another one here in San Diego where you can get the specific form and basic information. Then, you should always roll into court with an attorney to make sure things are done the right way, your rights are protected, and to give yourself the best chance for success. gtgt RYAN Final question we had is I was convicted 11 years ago of felony domestic violence. Can I get this removed from my record gtgt DAVID I’m assuming you’re referring to 1203.4 relief of the penal code, commonly referred to as expungement. Provided you successfully complete probation, you should be eligible.
To have the conviction set aside and the case dismissed. That will help in many aspects, not as many aspects as you would think, though, but a lot of times it’s the best relief you can hope for. The best thing you can do is gather the information, as it relates to your prior conviction case number, penal code sections you were convicted of. Or at the very least, be able to provide an attorney with your date of birth and location of the courthouse where you were convicted. That way, he or she can pull the information and.
Be able to advise you accordingly based on the specific offense for which you were convicted of. You should be able to get some sort of relief. gtgt RYAN Excellent. David, I want to thank you for your time. Again, if you are watching the tutorial, feel free to reach out to David directly. You can post a comment on here. He also offers free consultations. So, if you are in a situation where you are charged with domestic violence and aren’t exactly sure what to do, first step is to go online.