Domestic Violence

San Diego Domestic Violence Attorney For Criminal Defense

Domestic violence (also referred to as intimate partner violence (IPV), dating abuse, or relationship abuse) is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship. It can happen to people of any race, age, gender, sexuality, education level, or economic status. Abuse includes physical violence, threats, emotional abuse, or financial control.

    California law makes it a criminal offense to threaten and/or harm a current or former:

    • Spouse
    • Cohabitant
    • Co-parent
    • Dating partner
    • Intimate partner

    Common California Domestic Violence Crimes

    • Penal Code 273.5, corporal injury to a spouse or inhabitant
    • Penal Code 243(e)(1), domestic battery
    • Penal Code 273d, child abuse
    • Penal Code 273a, child endangerment
    • Penal Code 270, child neglect/failure to provide care
    • Penal Code 422, criminal threats
    • Penal Code 646.9, stalking
    • Penal Code 601, aggravated trespass
    • Penal Code 647(j)(4), revenge porn

    Restraining Orders

    Abuse in domestic violence does not have to be physical. Abuse can be spoken, emotional, or psychological. If there is abuse or violence, and you are concerned for your safety, you may be able to request a restraining order. A restraining order restricts personal conduct by the person hurting you, can order the abuse to stay away from your home/work/children’s school, have them removed from a shared residence, and grant certain child custody visitation restrictions.

    This restraining order process is different from a Criminal Protective Order-Domestic Violence (CLETS-CPO) (Pen. Code, §§136.2, 1203.097(a)(2), 136.2(i)(1), 273.5(j), 368, and 646.9(k)), which is usually put in place by the Judge at the arraignment (the first court hearing). There are two types of criminal protective orders: (1) a full protective order which will prohibit the Defendant and the Victim from interacting through all forms of communication (in-person, electronic, and through a 3rd party), and (2) a no negative protective order which will allow peaceful communication and contact between the Defendant and the Victim.

    If you’ve been served with a restraining order by an ex-partner, contact our office for a free consultation with a San Diego domestic violence attorney.

    Common Penalties Associated With Being Convicted Of A Domestic Violence Charge

    The consequences of a California domestic violence conviction can include:

    • Jail time
    • A 52-week domestic violence program
    • Loss of gun rights
    • Fines
    • Victim restitution
    • Immigration consequences for non-citizens
    • Loss of custody rights

    Why Should I Hire an Attorney Right Away If I Have Been Accused of Committing DV?

    There are many reasons to engage a qualified domestic violence lawyer in San Diego as soon as you learn you may be facing charges. Domestic abuse lawyers do much more than stand up for defendants in court.

    A skilled domestic assault lawyer may be able to help you avoid being charged with a domestic violence crime by making sure you don’t unintentionally incriminate yourself. Even the best domestic violence lawyer may have difficulty defending you if you make statements during questioning that could be twisted in the prosecution’s favor. Your lawyer will be there for you during law enforcement interrogations to help make sure you don’t inadvertently say something that could give interrogating officers a reason to charge you.

    If you have been served with a restraining order, your life can be upended. You may be forced from your home and the order may impact your work and day-to-day life in multiple ways. A lawyer for domestic battery can help you understand, fight and defend against the restraining order. Your lawyer will also work hard to defend you, building a strong case and asserting all available legal defenses on your behalf. In some cases, domestic violence attorneys are able to help defendants avoid prosecution altogether by getting the charges dropped or dismissed.

    What to Consider When Hiring a Domestic Assault Defense Lawyer

    A domestic violence crime conviction can follow you for the rest of your life, and you may never have an opportunity to have the conviction expunged or sealed. Simply put, there is too much at stake to leave your defense to chance. You need a knowledgeable, experienced domestic assault attorney who will advocate fiercely on your behalf and fight for your rights every step of the way. Look for a spousal abuse attorney with experience defending others faced with similar charges, and a firm that is committed to doing everything in its power to fight for your interests. 

    If you are facing domestic violence charges, you need a skilled domestic violence defense attorney on your side. Schedule a free consult with S&B Legal today, and discover for yourself why we are the domestic abuse attorney San Diego defendants trust with their futures.  

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