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How Can I Protect My Job if I Am Facing Domestic Violence Charges in California?

Posted on in Domestic Violence

San Jose domestic violence defense attorneyAn allegation of domestic violence should be taken very seriously. Domestic violence can consist of stalking, threatening, abandoning, damaging the property of or inflicting some kind of physical injury on another person. This type of charge can result in significant criminal penalties, plus it characterizes a person as an abuser, which can stay with him or her forever regardless if the accusations are false.

Even if a person is not convicted, just being accused of domestic violence can negatively impact someone’s personal as well as his or her professional life. If you live and work in California and are facing domestic violence charges, it is imperative you understand the consequences associated with this crime so you do not lose your job or professional license and therefore your livelihood.  

Professional Licensing

Mere allegations of domestic abuse can have significant consequences on someone’s career and professional license depending on the occupation. Some occupations that typically require professional licensing include:

  • Doctors;
  • Nurses;
  • Teachers;
  • Counselors/Therapists;
  • Lawyers; and
  • Pharmacists.

A professional license can be revoked or suspended whether someone is simply accused or convicted of domestic violence. Typically, a licensing board for a particular occupation will determine if a crime is related to that licensed profession. For example, public school educators or counselors are more likely to lose their license for a domestic violence offense as compared to professionals in other fields since they work directly with children.

If someone is applying for an occupational license, a background check may reveal any convictions. The licensing board has the authority to deny a professional license if someone has been convicted of a crime. California law further states that anyone who committed an act intended to injure someone, his or her license may be revoked. A person can request a hearing to state his or her case in accordance with the Administrative Procedure Act, which regulates standards and procedures for California state agencies. 

A professional reputation can still be damaged even without a conviction of domestic violence. Employers can terminate someone based on accusations alone, or patients and clients can switch to a different practice or firm. Many licensing or professional boards consider crimes such as domestic violence to be egregious and reveal a person’s true character and moral standards. 

False Accusations

It is best to defend against a criminal charge so the charge can be reduced or dropped altogether before it becomes a conviction. The accused should obtain a copy of the police report to review what evidence the prosecution has in order to plan a defense. In many instances, a person is wrongly accused of domestic violence. This can be due to many reasons, from a misunderstanding to the accuser seeking revenge for a break-up, etc. A thorough investigation can show one of the following to be true:

  • The alleged crime never took place;
  • The accusation is greatly exaggerated;
  • The accuser is not a credible source;
  • The evidence is not strong and the prosecution will likely lose if the case is tried in court; or
  • The events were uncharacteristic and the accused has taken action to ensure the events will not happen again.

Contact a Palo Alto Domestic Violence Defense Lawyer

You cannot afford for domestic violence accusations to negatively affect your career. If you are facing a domestic violence charge in California, you need to seek legal counsel. It is possible that you are being falsely accused, so it is critical to discuss the details of your case with a San Francisco criminal defense attorney to plan the best defense. The Law Offices of Erik Steven Johnson have experience in fighting domestic violence charges under many different circumstances. Call 408-246-3004 today to schedule a free consultation. 

 

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=273.5.

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