Domestic Abuse Lawyer San Diego

San Diego Domestic Violence Attorney

Domestic violence in San Diego, also known as partner abuse, spouse abuse, or battering, happens when an individual uses force to cause harm, either emotional or physical, upon someone else they have, or had, a relationship with.

It may happen between spouses and partners, children and parents, grandparents and children, and brothers and sisters. Victims can be any age, race, or gender.

Domestic violence is the single most significant cause of injury to females between the ages of 15 and 44 in the United States, more than muggings, automobile accidents and rapes combined.

Every year between 2 and 4 million women are battered, and 2,000 of these battered women will die of those injuries.

Violence against men by women is also a issue, based on the August 2000 Annals of Emergency Medicine.

In a study of an inner city hospital, men reported slightly more physical violence than women (20 percent of men and 19 percent of women), although women reported significantly more past and present nonphysical violence than men.

Should I hire a San Diego Domestic Violence Attorney?

A qualified lawyer who specializes in San Diego domestic violence cases can help you with your domestic violence case and assist you in getting the compensation you deserve.

San Diego Domestic Violence Charges

What is domestic violence? Domestic violence is physical violence, threatened assault, and abuse which happens in the following relationships:

• Married couples (also known as spousal abuse)
• Cohabiting couples
• Persons who have a child or children in common
• People in a dating relationship or who were in a previous dating relationship
• Persons who were formerly married to one another

Domestic violence includes an array of abuse, including spousal abuse and child endangerment.

Any threatening or violent act, whether or not the accused did not intend to harm or undermine the safety and security of the victim, might be grounds for prosecution under the State Domestic Violence laws.

Domestic violence cases are treated differently than other criminal cases.

There are designated prosecutors and special domestic violence units (DV Units) within the prosecutor’s office who stand ready to aggressively take legal action against any individual convicted of domestic violence.

Examples of domestic violence abuse:

• Threats
• Intimidation
• Annoying calls
• Stalking (such as following the victim back and forth to work, and threatening the victim)

Physical assault or abuse

• Hitting
• Slapping
• Pushing
• Shoving
• Kicking
• Biting
• Pinching
• Punching
• Hair pulling
• Beating

sexual abuse

• Undesired sexual touching
• Forced sexual acts
• Criticizing sexual ability

verbal abuse

• Emotional cruelty
• Constant criticism
• Name calling
• Ignoring the victim
• Degrading remarks
• Mocking
• Taunting
• Swearing

financial abuse

• Refusing to pay bills
• Withholding money from victim
• Not allowing victim to work
• Not purchasing family necessities

social abuse

• Isolating the victim from family / friends
• Violating privacy rights of victim
• Opening and reading victim’s mail
• Monitoring and listening in on telephone calls
• Outward jealousy and possessiveness

child abuse

Child endangerment charges can be filed if the child witnesses the violence

Domestic violence accusations may be filed as a misdemeanor or a felony. How it is filed by the prosecutor depends on the significance of the lawsuit.

Serious injuries (including serious cuts and broken bones) will usually be charged as a felony. No injury or slight injury claims will normally end up being filed as a misdemeanor.

Both previous acts of reported domestic violence and the criminal background of the accused may also affect how the case is filed—usually as a felony.

Probable Punishments or Consequences:

Misdemeanors:

• Brief jail sentence (0 to 6 months County jail)
• Counseling (1 year program)
• 40 hours of community service or physical labor (Cal Trans)
• Numerous charges
• Stay-Away order from the victim, which includes moving out from residence
• “No Harm, No Strike” order for couples

Felonies:

• Time in jail (time may range from 3 months in County jail to 3 years in State prison)
• Counseling (52-week program)
• 40 hours of community service or physical labor (Cal Trans)
• Various fines
• Stay-Away Order from the victim, including moving out from residence
• “No Harm, No Strike” order for couples

What if the victim wants to drop the charges?

In some states, you may be charged and prosecuted for domestic violence whether or not the victim doesn’t want you arrested.

In some cases, particularly with spousal abuse, it is very challenging for the victim to drop allegations against the abuser.

The prosecutor can progress with the criminal case even if the alleged victim decides not to go to court.

The prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.

Domestic violence law is complex and highly specialized. This is why it is very important get a lawyer that is experienced, skilled, and knowledgeable in counseling for domestic violence court cases.

Our skilled domestic violence attorneys in these kinds of lawsuits can successfully defend those who are charged with domestic violence and take advantage of jail alternatives like counseling and probation. Don’t count on the advice of friends or family members.

Speak to one of our skilled attorneys. Call today to go over the precise information of your case.

If you think you’re in danger and need to file a protective order, such as a domestic violence restraining order, a civil restraining order, or civil harassment order, please get hold of us straight away for professional advice.

Criminal Defense Attorneys San Diego

San Diego domestic violence is a serious offense. Accusations of domestic violence frequently have countless damaging consequences both in and out of the courtroom.

You’ll need an experienced and skilled criminal defense lawyer who has the compassion and empathy essential to boldly fight for you and to help you out of this hard time.

Our firm specializes in all domestic violence and domestic abuse lawsuits.

Domestic violence often exists in spousal relationships, dating relationships, among cohabits (people living together), divorced or separated couples, between family members, or among children.

Typical domestic violence crimes include: assault, battery, criminal or terrorist threats, attempted murder, stalking, harassment, child abuse, and child endangerment.

The accuser cannot simply “make the charge disappear.” Once an accusation is made, the law enforcement agency and the prosecutor working on your claim are in complete control.

It isn’t uncommon in domestic violence cases for the accuser to “take back” what she or he previously said and/or to insist that the prosecutor shouldn’t proceed with the charges.

Even if the accuser states to have lied to the police, it is the sole discretion of the prosecutor to decide whether the charges are warranted and whether or not there is adequate data to pursue the case.

As San Diego criminal defense lawyers, we use a unique combination of experience, knowledge, compassion, dedication and drive, to tenaciously fight for and protect our clients.

There are many advantages to using knowledgeable attorneys represent you in a domestic violence case.

An experienced San Diego criminal defense attorney can show the court that they have faith in their client, by assisting him or her with both passion and compassion, will have a much better chance at persuading the jury you are not guilty.

Many domestic violence offenses can be charged as either a misdemeanor or a felony.

If found guilty of a misdemeanor, it is possible for you to receive probation and/or anger management classes.

The highest sentence a defendant can acquire for a misdemeanor conviction is one year in the county jail.

If you were accused of a more serious act of domestic violence, for example, one that involves obvious physical injuries, threats to kill or injure the victim, or any other serious form of abuse, it’s likely you will face felony charges.

If you’ve been convicted of a domestic violence felony, then it is possible to be sentenced to probation. However, it’s likely you will face time in county jail or prison.

As the best criminal defense attorneys San Diego has to offer, the criminal defense lawyers at our firm will strongly test any accusation and examine all possible defenses.

Popular defenses, and factors in mitigation, include: self-defense, false allegations coming out of divorce proceedings, custody battles, other relationship turmoil, psychological conditions, mental illness, or crimes of passion which are the effect of jealousy, anger, or infidelity.

In addition to defending you in the criminal courts, we work closely with you, your family, and the ones you love to get the best possible outcome for you.

We will even work closely with your family law lawyer in any divorce proceedings as they relate to the criminal case.

Of all the criminal attorneys San Diego has to consider, there are no equivalent criminal defense lawyers in the area who have enough knowledge, dedication, passion and tenacity of our team.

We will offer you the best service a criminal law attorney in San Diego can provide.

For a no cost, confidential consultation with our criminal defense lawyer, call us now.

We have extensive experience counseling domestic violence lawsuits throughout San Diego and the surrounding areas.

Call our offices today for a free consultation.