Domestic Violence Attorney in
Rocklin-Roseville, California

Domestic violence is an ugly term. It brings to mind horrible, repeated, nightmare situations that the victim cannot get out of, where they are being held against their will and manipulated into staying in a terrible abusive relationship. Unfortunately, such situations are all too common in our community and around the world. There are fantastic organizations fighting to protect and assist survivors in getting help, getting safe and starting fresh. Sam Berns supports and sponsors Stand Up Placer, which does wonderful work on behalf of survivors right here in Placer County.

But most people arrested for domestic violence don’t necessarily the profile you might think of as an abuser. If police receive a call regarding any physical altercations in the home, they often are required to make an arrest on the spot; even if there are no injuries, or if the reporting party doesn’t want an arrest to be made, someone is probably going to be led away in handcuffs. Prosecution, even if there is no conviction yet, for even the most minor domestic violence allegations can result in serious consequences, including restraining orders preventing you from seeing your own family, and the loss of firearms and other rights.

Don’t call the cops on your family unless you really mean it. And if you are facing a domestic violence charge, contact Sam Berns.

What is a Domestic Violence Case?

A domestic violence case is a case where one person is accused of doing something to a particular category of victim – usually, a current or former spouse or intimate partner, but other family members may count as well.

You may be innocent until proven guilty, but in many cases there can be serious consequences before conviction. This is especially so when there is an allegation of domestic violence. The police are often required to make an arrest, and upon arrest the alleged victim may request an emergency protective order – a restraining order that often prevents the arrestee from going home even to get their belongings, and could make seeing their kids difficult or impossible.

Even if there is not an emergency protective order put in place initially, the court may – and in Placer County almost always does – put some kind of restraining order in place at the first court date. Often this order is for “peaceful contact,” though sometimes it prevents any contact with the alleged victim at all while the case is pending. Any such order can limit firearms rights, affect immigration status, and cause other major disruptions to your day to day life.

If you get convicted of a domestic violence offense, the consequences continue along further. Domestic violence convictions carry longer probation terms than most offenses, and usually carries the requirement to take classes and perform community service.

What Can I do?

In most cases, if a person is arrested and bails out, they won’t have their first court date for weeks or even months. A good attorney can use that time to start building a case in your favor. It is important in most any case, but in domestic violence cases specifically, to start early with investigating the case by building a record to demonstrate your good character, and then to present these facts early to the prosecutor who is making a charging decision. Just because you are arrested doesn’t mean you are going to be charged, or that even if charged you are going to be charged with the offense for which you were arrested. Prosecutors know that stories can be different once tempers cool off, and it is a very real possibility that you can present the right evidence to prevent charges and to reduce the charges that are filed to lesser offenses, and also to make sure that even if you are charged, the potential major family disruptions don’t happen.

If the case is filed, keep working. The government has many advantages in criminal cases, but the one thing the defense has on its side most of all is the ability to take advantage of opportunities. Throughout your case, there are many opportunities to present your side of things – to prosecutors, to judges, and perhaps to a jury – and you only need one of those opportunities to pan out in order to get the results you want.

It's also important to recognize that no matter what the allegations, or how true the specifics of those allegations, the cops having to come to your home is not a sign of a great relationship or of a healthy family. No matter what happens with your case, domestic violence allegations are often a sign that you might want to make some changes – anger management, solo or couples counseling, quit drinking, file for divorce, or whatever else. Getting your relationship and your family on solid footing will not only help you, but will help you get the results you want in your case.

A domestic violence arrest is incredibly serious, but there are lots of opportunities to defend against the allegations and come out stronger in the end. Sam Berns can help guide you through this trying time and get you a just result in your case.