Domestic Violence and Disturbing the Peace

At the Orange County Law Office of David P Schwarz we have defended many domestic violence cases that were reduced to disturbing the peace cases in superior court. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at

A Domestic Violence lawyer will protect their client from the many potential threats that may occur from the aggressive prosecution of disturbing the peace statutes in Orange County California. Many statutes, both general and specific, are directed against conduct that disturbs the peace or tranquility of people in the community. Breach of Peace and Disorderly Conduct are a quasi-criminal proceeding and require a person threatening to commit an offense to give undertaking to keep the peace. Other types of disturbing the peace are:

Brandishing a weapon. It is an offense for a person to draw or exhibit a deadly weapon, including a loaded or unloaded firearm, “in a rude, angry, or threatening manner,” except in self-defense, or to use a deadly weapon unlawfully in any manner during “any fight or quarrel.” A weapon often is accompanied with a domestic violence action. Often enhancements to the crime are sought by the authorities if an injury occurs. The key is to claim that any injury was not the result of any dangerous weapon.

A domestic violence attorney will also defend their client against Criminal threats. It is a crime to wilfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if the speaker does not intend to actually carry it out. The statement may be made verbally, in writing, or by means of an electronic communication device. Again criminal threats are closely associated with domestic violence and a good defense is always important to fighting these accusations.

At the Law Office of David P Schwarz charges of Forcible entry and detainer can occur in a domestic violence proceeding. A person “using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law,” is guilty of a misdemeanor.

A domestic violence lawyer can also defend you from the charges of Obstruction of free movement or access. A person who “willfully and maliciously” obstructs the free movement of another person on a street, sidewalk, or other public place or in a place open to the public is guilty of a misdemeanor. The statute expressly confirms the power of counties and cities to regulate conduct in the places specified. Again domestic violence cases often are fought with a party interfering with the free movement of another person in a public place.

At the Orange County Law Office of David P Schwarz we have successfully litigated nurmerous cases about domestic violence and disturbing the peace. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at

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