What will happen on a domestic violence first offense? 5 Answers as of June 15, 2013

I have been separated from my ex-wife for five years now. She has a life pretty different than mine. An average day for her is to roll out of someone's bed with a hangover because she doesn't go without drinking or drugging and she starts over again. On the nights, when she can't find a guy for the night, she starts out with the usual cocktail of drinks and drugs cocaine and alcohol then about 2:03 am she will start knocking on my door. Needless to say, it’s been well over a year that she has been doing this. We have two girls, fifteen months apart they will be 8 and 9 years young this year! Many times this situation has gotten heated and this last time, the cops were called by neighbors. I was taken to jail. She had marks on her neck. What might be the worst case scenario? Our girls were at their grandparents.

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Steven Alpers | Steven Alpers
It really depends on the circumstances, whether you have any prior violence or other offenses, the severity of the injuries. You could go to jail on a domestic violence misdemeanor for up to one year or if it is a felony up to 3 years in prison.
Answer Applies to: California
Replied: 6/15/2013
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Depends on if you are convicted and what of. DV cases can be misdemeanors or felonies. Some charges require 52 weeks of counseling. Some will carry jail terms. The max for an misdemeanor is one year though this would never be imposed on a first offense.
Answer Applies to: California
Replied: 6/14/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 6/14/2013
Law Offices of James Elliot McIntosh
Law Offices of James Elliot McIntosh | James Elliot McIntosh
She probably won't show for Court. If she does, she won't remember. You sure seem to spend a lot of time with her and know a lot about her for being separated for 5 years. You should do more to protect your kids. You can't deal with it but have been letting your children deal with it for five years. Now: if you are convicted of domestic violence you are presumed to be an unfit parent in Family Court. You need a criminal law attorney and a family law attorney.
Answer Applies to: California
Replied: 6/14/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Worst case scenario is you are incarcerated with fines and DV classes to take and a huge donation to a women's shelter.
Answer Applies to: California
Replied: 6/13/2013
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