Our Pomona domestic violence criminal defense lawyers were interested to read about a Ladera Ranch man who was arrested on suspicion of domestic violence Sept. 21 for throwing a dog leash at his estranged wife. The man is Simon Robert Barney, the estranged husband of Tamra Barney of the television show "Real Housewives of Orange County." The Orange County Register's Sept. 21 article noted that the two are in the process of a divorce. Simon Barney was arrested later "because of an emergency protective order," the newspaper said. It did not say whether the protective order was a result of the leash-throwing incident or any past history of physical confrontations between the two. He is being held in Orange County's central jail in lieu of bail and was scheduled to appear in court Sept. 22.
The Register said Simon Barney was at the family's home to care for the dog when Tamra Barney and their 10-year-old son arrived home. The son opened the door, and Simon Barney allegedly threw the leash as Tamra Barney entered the house. She told deputies that the retractable leash, which was covered in hard plastic, was aimed at her head, so she threw up her hands and it hit her wrist. No injury was reported, and the newspaper was not able to say what the Barneys were fighting about, although a spokesperson for the district attorney's office did describe the situation as a fight. However, Tamra Barney called Orange County sheriff's deputies shortly after Simon Barney left, around 8:50 Monday night. Deputies later found Simon Barney in another location and arrested him early on Sept. 21. It was not clear whether the arrest was for domestic violence or for violating a protective order.
As Tustin domestic violence criminal defense attorneys, we would like a lot more information before deciding whether Simon Barney's charges are appropriate. But we suspect many people would be surprised to learn that even if Tamra Barney was not injured, Simon Barney could still be convicted under the most common domestic violence charge, domestic battery (California Penal Code 243(e)(1)). To be convicted under that statute, you must willfully inflict force or violence on an "intimate partner." Any unwanted touching is enough to qualify for the statute, even if it doesn't cause any visible injury or pain. In practice, this means any angry or unkind touching is enough to cause a criminal charge. Simon Barney may also have been arrested for violation of a protective order, if there was a protective order keeping him out of the home or ordering him not to interact with his estranged wife.
Howard Law, P.C. represents clients throughout California who are facing domestic battery and other domestic violence charges. We represent men and well as women and people in all types of relationship, because California law does not distinguish between types of domestic violence. However, domestic violence is taken seriously in our state, which means those convicted face anger management classes and restrictions on their ability to use a firearm as well as possible jail or prison time. Fortunately, our Carlsbad domestic violence criminal defense lawyers can present a strong defense in many cases, because most domestic violence cases have no other witness but the victim and the accuser. When it's one person's word against another's, we work hard to ensure that our clients' word is backed up by the evidence and that the jury is aware of contradictions or unreliability from the other side.
If you're accused of domestic battery, spousal abuse or any other kind of domestic violence in California, Howard Law, P.C. can help. To learn more or set up a free consultation, call us toll-free at 1-800-872-5925 or send us an email today.
