Domestic Violence Defense Lawyer

Areas of Domestic Violence Defense Law

California domestic violence laws make it illegal to use force or to communicate threats to an intimate partner or someone within your household.  The most commonly charged domestic violence offenses are listed below.  Click on the links below to learn more about each of these charges.

• Penal Code 243(e) and Penal Code 273.5 - Battery Against Spouse, Parent, Cohabitant

• Penal Code 273 - Child Abuse & Child Endangerment

• Penal Code 368 - Elder Abuse

• Penal Code 422 - Criminal Threats

• Penal Code 276.3 – Violation of Restraining Order

Aggressive Defense of Domestic Violence Charges

More often than not, someone is charged with Domestic Violence after an argument with a spouse or signifigant other escalates until a neighbor or bystander calls the police.  Often times, the Defendant is charged with a felony despite the fact that the alleged victim has no physical signs of injury and there are no witnesses other than the alleged victim.  These cases are often “he-said-she-said” cases. 

If you or someone you know has been charged with any domestic violence offense in San Diego, it is important to have an experienced and aggressive defense attorney to investigate both sides of the facts and to determine the credibility of all parties involved.  Our law firm works directly with experienced private investigators to assist in your defense.  Often times, our investigation leads to more favorable plea negotiations or trial verdicts.

Frequently Asked Questions in Domestic Violence Cases

Below are just some of the Frequently Asked Questions in Domestic Violence cases:

What is domestic violence?
Domestic violence is one of the most common crimes charged in San Diego County.   It can be defined as an act of physical violence in the home or against a loved one.   Assault, battery, threatening phone calls, stalking and intentional interference with communication are all domestic violence offenses in San Diego.  

What are the requirements to be considered domestic violence?
The main requirement is that there is a relationship between the people involved. This can be spousal, or domestic partner, or between child and parent, or even between people that are dating or have a child together.

Is domestic violence a felony or a misdemeanor?
In California, domestic violence can be considered a felony or a misdemeanor. The prosecutor in the case determines if the actions taken and their results constitute how a person should be charged.  Usually, the extent of the alleged injury to any alleged victim is what determines whether the case is charged as a felony or misdemeanor.

Can the alleged victim drop domestic violence charges?
Only the district attorney or the prosecuting city attorney can drop domestic violence charges. What is difficult for many to understand is that once a domestic violence call has been made to the police and an arrest has been made, the prosecuting attorney’s office will continue with prosecution with or without the help of the battered person.  Typically, charges will be pursued by the D.A’s office even if the parties have reconciled or there are no witnesses to the incident other than the parties.  This is because the victim could be intimidated by their attacker into dropping the charges or changing their statement, so the courts want to be sure that the situation is properly addressed to protect the safety of everyone involved.

What is a restraining order?
A restraining order is a court order that aims to protect a person by preventing another person from contacting them, coming within a certain distance of their home, work, car, school, daycare, and other places. It is available to people that have been abused by someone they have had a close relationship with, such as a spouse, domestic partner, or are related to, such as a parent, child, or in-law.

In all domestic violence cases in San Diego County, an automatic restraining order is entered requiring that the defendant in the case have absolutely no contact with the alleged victims of the case.

In some situations, we can negotiate what is called a “no negative contact order” which allows contact between the parties but no “negative” contact such as fighting or abuse.  This can be helpful if the parties are married, live together and/or share children together.

Our Recent Case Results

Click here to see our recent case results in Criminal Defense and Domestic Violence.

Do you have questions or do you want to make an appointment?

Call us at 858 444-5256 or use our contact form.