The Old Sacramento Bridge

Spousal Abuse Defense

Domestic violence/spousal abuse cases are frequently treated differently than other cases, both during the arrest and investigation process and in the courts. Frequently the process can be different from county to county as well. It is important to have a local attorney who is well versed in the law regarding domestic violence and familiar with the unique process in each county. I have handled many domestic violence cases in Sacramento, Yolo and Placer Counties and many of the other surrounding counties as well. I have had great success in avoiding charges and/or having charges dismissed.

What Happens When There is an Arrest

In most counties when a call is made to law enforcement regarding domestic violence, an officer will be dispatched. The officer will talk to both parties if possible and to available witnesses. If there is an allegation of injury and any physical evidence of injury, no matter how small, in almost all circumstances someone is going to jail. Law enforcement officers have very little discretion when it comes to making an arrest. This serves the purpose of diffusing the situation by separating the parties.

The officer will then write a report and send it to the District Attorney’s Office. It is the District Attorney who makes a decision as to whether charges should be filed. The District Attorney can charge it as a felony or a misdemeanor or decline to prosecute all together. Factors that the District Attorney typically will consider in making charging decisions are the significance of the injury, the cooperation (or lack thereof) of the alleged victim, the criminal history of the suspect, and the provability of the case.

What Happens After Charges are Filed

Once charged, the case is then handled in a separate Domestic Violence Court. Many counties have judges and prosecutors who handle only domestic violence cases. While a case is pending, the court has the power to make specific orders regarding contact between the victim and the defendant. The court can order that the defendant completely stay away from the victim or can order that the defendant not have any harassing contact. The court can also order that a suspect not return to the family home while the case is pending. It is important to have an attorney familiar with the process to represent your rights.

Importance of an Attorney With Experience Handling Domestic Violence Cases

If you are a suspect in a domestic violence case, it is very important to have attorney looking out for your interests as soon as possible. The District Attorney has only the police report to review and make decisions. It is important that you have an attorney contact the District Attorney to provide information that would be helpful to your case and to persuade the District Attorney that charges should not be filed.

There are also unique long-term consequences involved in a conviction to a domestic violence case. A conviction in a domestic violence case generally requires a year of counseling and a lifetime prohibition from owning a firearm. It is critical to have an experienced attorney who can properly advise you and help you to avoid these consequences.

Free and Confidential Consultation

If you've been charged with domestic violence/spousal abuse, call me at 916-442-1200 for a free and confidential consultation regarding your case. I fight aggressively to protect my clients' long-term interests.

Client Reviews
Nancy King was patient, persistent, and polite. She followed up and kept me informed, took a lot of the stress off of me. She was very instrumental in eventually getting the case against me dismissed. It was money well spent. Linda
My son's case involved felony theft and drug charges. We were thrilled when Nancy was able to obtain a dismissal on all charges. My son's now back on track with his career. Nancy is the kind of attorney who fights hard for her clients and actually cares about them. I recommend her highly. Shawn M.
Nancy King represented me on a DUI. I was involved in an accident and had a blood alcohol level of .13/.14. Nancy King kept pushing in the negotiation process. She was able to get me a wet reckless. Nancy King is someone you can trust. She knows what she's doing and works hard for her clients. I recommend her highly. D.V.
I was wrongfully targeted by the police for a felony offense. Nancy took care of everything for me and got the police to realize that they had made a mistake. Everything was handled promptly and professionally and I was able to protect my reputation. D.B.