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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27110
Experience:  16 yrs. of experience including criminal law.
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if my boyfriend pleas guilty for a domestic violance case, ...

Customer Question

if my boyfriend pleas guilty for a domestic violance case, what are his penalties?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist

Can you tell me, are you aware of what he is charged with exactly?

Customer: replied 6 years ago.
Reply to Philip Simmons's Post: Well i cant speak to him because the judge issued a restraining order but his family members told me he is planning to plea guilty and i want to know what might happen when he does ....
Customer: replied 6 years ago.
Reply to Philip Simmons's Post: Well i cant speak to him because the judge issued a restraining order but his family members told me he is planning to plea guilty and i want to know what might happen when he does .... domestic violance
Expert:  P. Simmons replied 6 years ago.
Sure

Consequences of a Domestic Violence Conviction will vary depending upon the circumstances of each case, such as whether or not the defendant had prior charges of Domestic Violence or a history of violence and the severity of injury to the victim. The prosecutor may file Domestic Violence charges as a misdemeanor or a felony.

If charged with Domestic Violence or Spousal Abuse penalties may include jail time in a county jail or state prison, probation, community service, a Criminal Protective Order placed against you, court-ordered enrollment in a 52-week anger management course, counseling and fines.

In addition the following may apply:

• Firearms:
Under federal law, a domestic violence restraining order issued after a noticed hearing usually will prohibit the restrained person from owning, accepting, transporting or possessing firearms or ammunition for so long as the restraining order is in effect. A violation of this prohibition is a separate federal crime (18 USCA § 922(g)(8)).

• Attorney Fees and Damages
A domestic violence perpetrator may also have to pay restitution to a victim for loss of earnings and out-of-pocket expenses--including, but not limited to, medical care and temporary housing expenses--incurred as a direct result of the abuse inflicted by the perpetrator (Cal Fam. Code §6342(a)(1)).

Also a domestic violence victim may receive attorney fees pursuant to Cal. Fam. Code §§6344, 271. The amount fees ordered pursuant to these statutes may be higher than fees normally awarded in dissolution proceedings pursuant to the each party’s relative income levels (Cal. Fam. Code §2030).

• Employment:
Furthermore many employers (especially government employers) require that an employee have “clearance,” which requires that the employee (potential employee) not have been convicted of certain criminal offenses. Accordingly domestic violence perpetrators may find their employment being threatened if they are found guilty of a crime.


Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27110
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
he does not have history of domestic violance he plans to plea guilty and ask for help because he has a drug problem and alcohol problem too would this help him? would he get out?
Customer: replied 6 years ago.
would he get out of county jail when he has court? he has served about 1 month and i want to know if there would be a chnace he would get out ?
Expert:  P. Simmons replied 6 years ago.
Yes, I think there is certainly a chance, but really depends on his record...does he have priors at all?

Is it your desire to not have contact with him further?
Expert:  P. Simmons replied 6 years ago.
Well, his lawyer will have a better sense of this, but generally speaking if he has a clean record and he is pleading guilty the court will take that into consideration in his favor. If there were not any serious injuries and if its your desire for the court to grant leniency, I would guess he will get out with probation

You should talk to his lawyer about the possibility of testifying at his sentencing hearing

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