A domestic violence warrant is a legal document that authorizes law enforcement to arrest someone who is suspected of committing a domestic violence crime. This warrant is issued by the court and can last as long as a judge sees fit. Because there is no set duration for a warrant, many people wonder, how long does a domestic violence warrant last in California?
Whether you’re a victim of domestic violence or you are facing domestic violence charges, a Pasadena domestic violence attorney is a great resource to engage if you have any questions.
Factors That Can Affect the Duration of a Domestic Violence Warrant
How long a domestic violence warrant lasts in California can vary depending on a wide range of details, including:
- Severity of the Crime. In general, the more serious the alleged crime, the longer the warrant could last.
- Location of the Defendant. If the defendant is on the run or was attempting to evade law officers, then a warrant may be valid until they are found.
- Evidence and Witnesses. If there is a significant amount of evidence and witnesses available to back the allegations, the warrant could last longer.
- Discretion of the Judge. The judge maintains the authority to decide the length of the warrant. This decision will likely be made based on the circumstances of the case.
What Happens If You Have an Outstanding Warrant?
If you currently have an outstanding warrant for your arrest in California, then you reach out to an attorney who can assess your situation immediately. Having an outstanding warrant could lead to serious consequences if left unresolved, especially if the court goes to file another one. The following are just a few consequences that come with having an outstanding warrant:
- Life Impact. Having an outstanding warrant, especially one dealing with domestic violence, can affect your personal and professional life. Your employment opportunities, housing opportunities, and even educational opportunities could be in jeopardy.
- Possible Incarceration. If you are pulled over or arrested with an outstanding warrant, you could be held in jail and face a longer sentence if you are convicted of a crime.
- Additional Charges. If you fail to address a warrant, it could lead to additional charges against you.
Extending a Warrant in California
It is possible for a domestic violence warrant to be extended. This usually happens when new evidence emerges or when the defendant does not show up in court. However, the decision to extend a warrant will be up to the judge. It’s critical that you are aware of the status of any possible warrants that may be filed against you. If you are unsure of the status of your warrant, you should speak with a skilled attorney for help.
How a Domestic Violence Attorney Can Help You
When facing any kind of warrant, it is paramount that you consult an experienced lawyer. A skilled attorney can not only review your case, but they can work to address the warrant against you and represent your side of the charge. The worst thing you can do when you have an outstanding warrant is ignore it, especially if it is a domestic violence warrant. Speaking with an attorney can help you explore your options and develop a strategy for addressing your warrant.
FAQs
Q: How Long Do Warrants Stay Active in California?
A: A domestic violence warrant will stay active until the individual is arrested or appears in court. The typical duration of a warrant in California will depend on several factors, such as the severity of the offense and the amount of evidence. The more serious the offense is or the more substantial the amount of evidence or witness testimony is, the longer the warrant could last. Remember that each case is different, and the duration of the warrant can change.
Q: Can a Domestic Violence Case Be Dismissed in California?
A: A domestic violence case can be dismissed in California. The victim, the district attorney, or the prosecutor can decide to dismiss the charges altogether, or they could decide not to charge the accused after they are arrested. Although it is possible for domestic violence cases to be dismissed, prosecutors err on the side of caution with these offenses. Domestic violence is a very serious crime, and they do not want to be accused of letting an abuser walk free.
Q: How Long Do Most Domestic Violence Cases Last in California?
A: Domestic violence cases can vary in length. Each case is unique and comes with its own details and challenges. Depending on the severity of the case, the amount of evidence, the cooperation level of all parties, and whether restraining orders were filed, cases can be resolved within a couple of months to several years. It’s important to speak with an attorney as early as possible so that there are no delays in your case.
Q: What Is the Statute of Limitations on Domestic Violence Cases in California?
A: The statute of limitations for domestic violence cases in California is five years. This five-year period starts from the day the violence occurred. If this five-year period runs out, then the victim may not be eligible to file a legal claim. This is important for all California residents to know, and an attorney should be engaged immediately if you believe you have been involved in a domestic violence act.
Q: Is Domestic Violence a Felony or Misdemeanor In California?
A: Domestic violence in California can be considered a felony or misdemeanor, depending on the case. A charge is usually a felony when there are serious injuries involved. If there are no injuries, a prosecutor may charge for domestic battery, which is a misdemeanor. Domestic battery involves physical contact but no injury. If you need help understanding whether you are being charged with a misdemeanor or felony, you should speak with an attorney immediately.
Legal Support That You Can Trust
Domestic violence is taken seriously by the California government. Because of this, the potential penalties of a conviction can be drastic. Whether you have been falsely accused of domestic violence or you need help understanding how to file a domestic violence claim, our legal team can help you. Contact us at the Khalaf Law Group today to see how we can assist you.
