Domestic Violence and Burglary

At the Law Office of David P Schwarz we have handled numerous Orange County domestic violence cases where the perpetrator had committed violence upon the party and burglarized their place of residence. Please contact our office at 949 735 9266 or via the web for a consultation. We also can be contacted by email at

A domestic violence attorney will show that Every person who enters any house, room, apartment, tenement, shop, or other building would be considered an entrance for Burglary purposes. Therefore when looking at domestic violence and burglary together the entrance can be into another room in the house in order to commit the act of violence or harassment. “A burglarious entry may occur when an intruder penetrates the space beyond a door or a window whether it is open or closed, because a reasonable person would understand such…[openings] may not be crossed without permission from the owner.

A domestic violence lawyer will next show that you need an intent to commit grand or petit larceny or any felony is guilty of burglary. In order to commit the burglary there must be an intent to commit some sort of domestic violence upon the person. Therefore once the perpetrator has it in the mind that they are going commit a certain act upon the party they will have fulfilled the next element of burglary. A burglary is committed even when the defendant first forms the intent to enter a room inside a home to commit a felony only after he has already entered the house without any intent to commit domestic violence.

At the Orange County Law office of David P Schwarz we have fought for the freedom of many of our clients when faced with charges of domestic violence and burglary. Especially when the issue of whether the home was occupied when the domestic violence occurred and the burglary.

A Domestic violence attorney will explain to the court that an occupied home would mean one currently being used for living in. A house or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied because the parties were not home at the time and they had temporarily left the premises. For domestic violence purposes if it can be shown that a person entered the home another trying to commit an act of domestic violence and the person was not home still they can still be charged with burglary and fight the domestic violence allegation.

Even if there is consent to the enter the room or home of the party who alleges burglary or domestic violence a perpetrator can be charged if they later acquired the intent commit domestic violence.

At the Law Office of David P Schwarz we have fought for the rights to protect our clients from aggressive prosecution of burglary and domestic violence charges in Orange County Courts. Please contact our office at 949 735 9266 for a consultation or via the web. We can also be contacted by email at

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