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Domestic Violence

Contra Costa County Domestic Violence Defense Attorney

If you have been arrested for domestic violence, you need to speak with a skilled criminal domestic violence defense attorney right away.  Daniel Horowitz and Daniel Russo are certified criminal defense specialists.  Only several hundred California criminal defense attorneys are permitted to use that designation.  A Contra Costa County criminal defense lawyer will have a better sense of the culture of the Contra Costa County court system, judges and prosecutors than an out of town, 1-800 cookie cutter law firm.

A domestic violence attorney has to carefully balance complex family relationship issues and the long term job, gun ownership, divorce and other issues that follow DV charges.  Our Lafayette law office gives us great familiarity with the judges, other attorneys, schools and other key factors in managing a DV case that involves complex family issues.

The core DV offense involves causing a traumatic condition to a spouse, former spouse, a person with whom the offender has or previously had a dating or engagement relationship, a person with whom the offender has a child, or a cohabitant.   At its core however are complex human factors that go beyond just the elements of the crime.

The actual criminal code section for domestic violence is Penal Code Section 273.5(a) which states: "Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment."

Looking beyond the basic DV crime itself, we look at the impact of a DV charge and / or a DV conviction. 

A domestic violence conviction will have tremendous impact on child custody issues in a divorce. They will affect professional licenses and employment.  Courts and prosecutors are vary aggressive with domestic violences because they are a class of case that often repeat and erupt in greater levels of violence. 

As criminal defense attorneys we defend these cases but as counselors at law, we also attempt to defuse the triggers that led to the initial incident.   The need to defuse a triggering situation distinguishes the best attorney for a criminal case from the best attorney for a Domestic Violence case.  A marriage, a long term relationship, shared property and children greater encourage repeated conflict.   The close relationship between domestic partners absolutely guarantees an ability on both sides to “push buttons”.  This makes the defense of a DV case different from standard criminal defense.

Contact us at (925) 291-5388 to schedule a consultation.

 

Domestic Violence & Child Custody Meet Criminal Law

A criminal defense lawyer doesn't seem necessary in divorce court.   But there Family Law statutes make domestic violence a major factor in custody battles.  Often child custody becomes weaponized so that statutes that are legitimately designed to protect a family against a violent spouse are twisted into tools of manipulation.    

Family Code section 3044 starts with the following paragraph:

(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child’s siblings, or against a person in subparagraph (A) of paragraph (2) of subdivision (a) of Section 3011 with whom the party has a relationship, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Sections 3011 and 3020. This presumption may only be rebutted by a preponderance of the evidence.

We support the children in a divorce and in most cases, two parents working together is the only proper solution.  If things have gone South and you are being unfairly excluded from custody due to fabricated or exaggerated conduct, our domestic violence team can work with your Family Lawyer to protect you.  If you don't have a Family lawyer, we can help guide you to an attorney who is a good match.

 

 

Client Testimonials

Our Community-Based Law Group has a National Reputation
    “I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does”
    Dan Horowitz handled my complex business issue with magnanimity, compassion, care, promptness, and utmost professionalism. I'm an Attorney and would highly recommend him to other professionals (and others alike) because he's the very BEST at what he does and has an uncanny knack at finding unique resolutions with unparalleled speed and efficiency. What is quite outatanding is that he treats each client with kindness and compassion as if a family member
    - Lovely K.
    “What impressed me most was his unwavering dedication to achieving the best possible outcome for me.”
    I cannot express enough gratitude for the outstanding legal services provided by Daniel Horowitz. He not only possesses an in-depth understanding of the law but also demonstrated a genuine commitment to me. He took the time to listen attentively to my concerns, providing clear and concise explanations of the legal processes involved in my case. He made me feel heard and supported during this tumultuous time. What impressed me most was his unwavering dedication to achieving the best possible outcome for me. The attention to detail and strategic approach to my case were evident at every stage. I am eternally grateful towards Daniel for what he has done for me and I wholeheartedly recommend his services to anyone seeking legal representation. Thank you Dan
    - Kento T.
    “Daniel and his team did an excellent job.”
    Daniel and his team did an excellent job. He was always readily available to take my call and provided peace of mind through a stressful situation.
    - Reid V.
    “I would highly recommend the Law Office Of Daniel Horowitz.”
    My experience with Dan was great. I appreciate the knowledge Dan has and the professionalism they exhibit. I would highly recommend the Law Office Of Daniel Horowitz. My family and I are truly grateful we worked with him.
    - Brandon D.
    “There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word.”
    There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.
    - Cory N.
    “The Best Attorney I Could Have Asked For”
    “The Best Attorney I Could Have Asked For.”
    - Katherine Ryken
    “Dan Horowitz was the best attorney I could have asked for during a difficult time in my career.”
    Dan Horowitz was the best attorney I could have asked for during a difficult time in my career. From the moment I met him, I felt believed, respected, and safe. He and his team were endlessly responsive and empathetic to me and my family. He fought for my case day and night, always keeping my best interests at the forefront of his mind. As I learned from Dan, it is never a good time in one’s life to need legal representation - but if you need it, Dan is your person, your advocate, and your best friend. We are forever grateful for his tireless commitment to justice for the people.
    - Katherine R.
    “Despite his kindness, I have never once doubted his ability to provide me with THE BEST representation in court.”
    He is approachable but serious. Mr. Horowitz is the perfect balance of what someone wants in a lawyer. Not only is he approachable enough to gain and value your trust, but he's a bulldog in the courtroom. Despite his kindness, I have never once doubted his ability to provide me with THE BEST representation in court. I'm so thankful to have found a lawyer capable of such a delicate balancing act.
    - Molly A.

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