Restraining Order – Domestic Violence – Spousal Abuse

A domestic violence (DV) case is defined as either violence or the threat of violence against a person’s spouse, a cohabitant, or a person who is the mother or father of the defendant’s child. In California, this is a crime regardless of gender. If you have been charged with domestic abuse or violence, it is important to contact a lawyer as soon as possible. At the Law Offices of James Newhouse in Monterey, California, our attorney has been defending criminal defense cases like this for over 39 years.

Domestic violence charges are known as “wobblers,” because they can either be charged as misdemeanors or felonies, depending upon the circumstances. This will be determined by the seriousness of the injuries and any history of prior abuse.

Whoever gets arrested in these cases is served with a restraining order, so they cannot call, contact, or be in the vicinity of the alleged victim. Once the defendant is arrested, the victim relinquishes all power and the police and district attorney take over. Even if victims change their minds about pressing charges at this point, it is too late. But hiring a criminal defense attorney now will still permit the chance of modifying or lifting the restraining order after successfully getting domestic violence counseling.

When charged with a violation of 243E (spousal battery), or 273.5 (when domestic violence includes injury), having a skilled attorney on your side can help determine whether counseling for batterers is advised.  Our knowledgeable attorney knows that there are times when it is better to wait to post bail until the time of the arraignment, rather than before.

If you need experienced criminal defense representation with regard to restraining orders – domestic violence – spousal abuse, please contact the Law Office of James H. Newhouse.  For the peace of mind that comes from knowing your case and any evidence against you will be thoroughly investigated, trust us to help you decide whether to pursue plea negotiations or take other action. Either way, we will stand up for you at every legal step of the way to make sure your rights are upheld. For more information, see our page on criminal law.

Law Office of James H. Newhouse
Criminal Defense Attorney
460 Alma Street
Suite 100
Monterey, CA 93940
Phone: (831) 655-2000
Cell: (831) 206-2186
Fax: (831) 649-1384