A domestic violence charge can lead to jail time or just probation and mandatory counseling programs. It depends on what specific actions occurred and the severity of any injuries.
If someone got badly hurt, your punishment will likely be worse. If you have been in trouble with the law before, that can make your punishment more serious too. Using a weapon during the incident can also make things more complicated.
Even minor incidents can escalate to serious charges if there’s a pattern of behavior or if children witnessed the event. The prosecutor will look at all these things when deciding how tough to be on your domestic violence case.
If you’re wondering how your situation might unfold, it’s important to understand the difference between facing a charge and having a conviction. Here’s what you need to know.
A charge versus a conviction for domestic violence
Domestic violence includes threatening behavior, physical harm, emotional abuse or any unwanted physical contact with a family member or intimate partner. California law takes these actions very seriously. Whether you can see your children during this process depends mainly on what stage your case is at and what protective orders the judge has put in place to protect all involved parties.
Simply facing charges doesn’t automatically terminate your rights as a parent. The court system recognizes the importance of parent-child relationships. That means during pre-trial proceedings and even while your case is ongoing, you can potentially still have some form of contact with your children:
- You may be granted supervised visitation with a court-approved monitor
- You might be able to have scheduled phone or video calls at specific times
- You could be allowed written communication like letters or emails
- The court might permit third-party exchanges of the children to avoid contact with the other parent
However, if you are convicted of domestic violence, the court will likely limit your access to your children, especially if they saw what happened during the incident.
Defend your right to see your children
As a parent, it’s hard not to see your children for a long time in such a challenging situation. One thing you can consider doing is consulting first with an attorney. They can challenge overly restrictive protective orders and present evidence of your parenting abilities. Consider their help to negotiate reasonable visitation terms that serve your children’s best interests.
Remember that maintaining your relationship with your children during this difficult time is worth fighting for, even if the process feels overwhelming.
