A Reputation Backed by Real Results
Mammoth Lakes Domestic Violence Lawyers
Representing Those Accused of Domestic Violence in Mono & Inyo Counties
Domestic violence offenses are among the more common crimes prosecuted in California. These are offenses that occur between families, cohabitants, and those in a current or former intimate relationship. California has created various crimes that fall under the umbrella term of “domestic violence.”
False accusations sometimes arise during conflict, such as in divorces or child custody battles. One side may use allegations to try to gain social or legal advantage. These cases require careful review of all evidence and detailed attention to the facts.
At Mammoth Law, our team has decades of experience defending clients against domestic violence allegations, using our exhaustive investigation process, and trying cases in court. We know how courts operate in such cases, including how they decide on penalties and issue restraining orders against alleged abusers.
Early legal intervention can influence the course of your case. We often work to contact the District Attorney early, provide important information, or seek alternative resolutions that may lessen negative consequences. If your case goes to trial, we use our courtroom experience to protect your rights and keep your voice heard throughout the process.
Contact us today at (760) 888-6466 to let our domestic violence lawyer protect your rights, freedom, and future.
Domestic Violence Charges in California
California Penal Code Section 273.5 and Section 13700 define who can be considered a victim in a domestic violence case.
These laws define victims as:
- Spouses or former spouses
- Cohabitants or former cohabitants
- People in a dating relationship
- The other parent of the accused person’s child
Domestic abuse is defined as “intentionally or recklessly causing to or attempting to cause bodily injury or placing the other person in fear of imminent serious bodily injury,” whether to himself/herself or another. Thus, you can be charged with a domestic violence crime without having injured anyone, but by threatening to do so.
The various types of domestic violence are mostly “wobbler” offenses, meaning that they can be charged as misdemeanors or felonies, depending on the circumstances. The issues that can affect these charges include how seriously the alleged victim was injured (if at all), whether you have a criminal record, and whether you violated an existing restraining order.
Common domestic violence offenses include:
- Corporal injury: Felony offense, punishable by one year in jail to four years in state prison.
- Domestic battery: Can be charged without visible injury. Misdemeanor penalties include up to a year in jail and/or a fine up to $2,000.
- Elder abuse: A wobbler based on neglect, abuse, or endangerment of someone aged 65 or older.
- Criminal threats: A wobbler; penalties range from up to a year in jail as a misdemeanor to up to four years in prison as a felony.
- Stalking: Involves harassment or threats that cause fear for personal safety. Misdemeanors carry up to one year in jail. Felony convictions can mean up to three years in prison.
- Damaging a phone line: Preventing the alleged victim from making calls. Charged as a misdemeanor or felony. Felonies can bring up to three years in prison and/or a fine up to $10,000.
- Aggravated trespassing: Following a threat, entering a home or workplace within 30 days to carry it out. Charged as a misdemeanor or felony; felony convictions can mean up to three years in jail.
- Intentional distribution of “revenge porn”: Sending sexual photos to cause distress could be a misdemeanor or felony, depending on the jurisdiction and the presence of aggravating factors.
- Posting or emailing harmful information about the alleged victim online: Cyber harassment, generally charged as a misdemeanor.
Law enforcement in Mono County and Inyo County follows strict protocols for domestic violence cases. Officers may arrest and book a person even if facts are disputed. The court process starts quickly, and Mono County Superior Court sets hearings soon after an arrest. Fast action from a domestic violence attorney in Mammoth Lakes can help preserve evidence and guide your defense when charges appear in local courts.
Additional Penalties in Domestic Violence Charges
Aside from jail or prison time, fines, and probation, if you are convicted of domestic violence, you may also be required to pay restitution to the victim for damages he/she incurred, such as medical expenses, property damage, counseling, and other costs associated with the charges. You may also be required to participate in a batterer’s program and be subject to a restraining order or criminal protective order.
Restraining orders are essentially no-contact orders that bar you from any type of communication with the alleged victim and can negatively impact your custody rights, bar you from gun possession, and restrict you in other ways. Violating a restraining order can result in additional criminal charges.
What Happens After a Domestic Violence Arrest?
- Police Investigation: Police officers in Mammoth Lakes and nearby Mono County areas follow state protocols when investigating domestic violence allegations. Arrests occur if officers find probable cause, which can happen even before a full investigation concludes.
- Initial Detention: After an arrest, a person often spends at least one night in the Mono County Jail while waiting for a hearing.
- First Court Appearance (Arraignment): The arraignment usually takes place in Mono County Superior Court within a few days of the arrest.
- Bail and Release Conditions: These vary depending on the charge and arrest details. Local prosecutors review police reports quickly to decide whether to file formal charges. An experienced domestic violence defense lawyer can request bail reductions and challenge unfair conditions.
- Fast-Moving Legal Process: The legal process in Mammoth Lakes often moves quickly, making early legal representation vital.
- Housing and Court Restrictions: If you need to return to a shared residence, the court may temporarily restrict living arrangements or property access. A domestic violence lawyer in Mammoth Lakes can help you navigate housing restrictions, understand court orders, and avoid unintentional violations.
How Domestic Violence Charges Affect Daily Life in Mammoth Lakes
Even before trial, a domestic violence accusation can affect daily routines and relationships in Mammoth Lakes. News often spreads fast in a small town and may influence how neighbors, employers, or school staff interact with those involved. Restrictions from court orders may limit where you can live or work while a case is open, especially where children or shared property are concerned.
Employers and schools in Mono County sometimes require notification after a domestic violence arrest, which can change employment status or participation in activities. The process can also limit access to community events or positions, making some people feel isolated. Direct communication with counsel helps you understand local court orders and how they impact employment, housing, or family responsibilities until your case concludes.
Legal Defenses to Domestic Violence Charges
California courts treat domestic violence charges seriously. The right defense depends on the evidence and facts of your case. Here are some defenses attorneys may use:
- False allegations: Claims may arise from anger, revenge, or custody battles. Evidence like text messages, witness statements, or inconsistencies can support your defense.
- Self-defense or defense of others: Law allows reasonable force if you or someone else was in immediate danger. The defense must show a real threat and that the force used was appropriate.
- Lack of evidence: If the proof is weak, such as no medical records or credible witnesses, the case may not hold up in court.
- Accidental injury: Accidents or mishaps do not meet the definition of domestic violence if there was no intent to harm.
- Consent (mutual combat): When both people willingly engage in a fight, assigning sole responsibility can be complex, though state law may still apply criminal charges.
- Alibi or mistaken identity: If you were not at the scene or could not have committed the alleged act, evidence such as testimony or location data may support your innocence.
- Police misconduct or constitutional violations: If law enforcement breaks protocol, such as improperly gathering evidence or failing to inform you of rights, key facts may be excluded from the case.
Mounting an effective defense requires reviewing all records and testimony in the case. Judges in Mono and Inyo Counties may weigh certain types of evidence differently, so understanding local court habits can strengthen your strategy. Factors unique to Mammoth Lakes, like winter weather that slows investigations, may affect how and when evidence is available. A local attorney can help you account for these details as you defend your rights.
Mammoth Law Can Help
Defending against domestic violence charges often involves evaluating every detail, including whether injuries were accidental or if allegations lack factual support. Our firm investigates all evidence and works to find weaknesses in the case, seeking outcomes that fit the facts. We bring diligence to every step when representing you in the legal system.
When you choose us, you receive clear guidance through each phase—starting with your first court date at the Mammoth Lakes courthouse and continuing through every deadline or meeting required by Mono County courts. We keep our clients informed and prepared so they can focus on their goals while navigating the legal system.
Book an appointment with a Mammoth Lakes domestic violence attorney for a confidential case evaluation by connecting with us online or by phone at (760) 888-6466.
You don't have to navigate the justice system alone. Contact Mammoth Law to get your questions answered and receive experienced and knowledgeable representation on your case.
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Over 40+ Years of Combined Criminal Defense Experience in Mono & Inyo Counties
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Attorneys Who Are Available to You 24/7 & Proactive with Your Case
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Former Deputy District Attorney Who Knows How the Other Side Thinks
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Nationally Recognized & Trained DUI Attorney
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