Do I Need A San Diego Domestic Violence Lawyer?
When you are facing a San Diego domestic violence charges or investigation, you may be wondering whether hiring a San Diego domestic violence attorney is important for your case? The reality is getting accused of any type of crime let alone a domestic violence offense is a serious and frightening experience. When facing these charges you need the help of the right experienced San Diego domestic violence lawyer that you feel comfortable with to provide you with the best legal representation.
These types of lawyers are also known as San Diego criminal lawyers and they can make life easy for you as they have probably handled hundred and thousands fo cases like yours. They typically know the in and outs of the courts in the county and how to navigate them with the prosecutors and judges. They typically provide domestic violence defense services such as child abuse, corporal injury on the spouse or cohabitant, DV temporary restraining orders, restraining violations, and criminal threat against a spouse or cohabitant etc.
San Diego Domestic Violence Laws: CA Penal Code 273.5 & 243(e)(1) PC
Below is a quick general overview of DV law in the city, however, when you speak with a San Diego domestic violence attorney, she will be able to educate you more about the law and which particular penal codes your specific case falls under.
A San Diego domestic violence or domestic abuse laws based on the California penal codes 273.5 & 243(e)(1) that basically defines dv as an act of physical or emotional violence towards an intimate partner like a spouse or cohabitant etc. Domestic abuse is usually perpetrated by the woman’s partner but a woman can also be charged with domestic violence against her partner.
You can be charged with a domestic violence offense when the following exists:
- Pulling Hair
- Verbal abuse
- Emotional abuse
- Threatening phone calls
- Intentional interference of communication
What is the domestic violence statistics in San Diego? According to the California Department of Justice and California Department of Finance, in 2010, there were more than 16,000 calls to report a domestic violence in San Diego County. Domestic abuse/spousal abuse/relationship abuse is one of the most misunderstood crimes in 21st century America.
Part of the confusion that stems from this situation is because the definition of spousal abuse varies from municipality to municipality, and even from person to person. What one person might consider justified may appear to another to be severely abusive and potentially dangerous.
Domestic Violence Penalties
If accused of domestic violence in San Diego, one cannot just face being locked up in jail but also face:
- Losing your job or getting one
- Limits on gun ownership
- Limitation for children visitation
- Limitation on where to live
- Loss of professional license
- Denial to schools
The penalties can get even worse without the proper San Diego domestic violence attorney representation. In 2001, California updated its domestic violence law by enacting Penal Code §243(e) and 273.5 to increase protection to not only between two married people, but also to former spouses and cohabitants. With all these laws to protect victims of domestic abuse. San Diego police takes domestic violence serious and that’s why the city police is one of few cities with a Domestic Violence Unit. With such resources dedicated to helping domestic violence victims that means that there is a lot of arrest and charges of those accused of domestic abuse.
Typical Defense Strategies For San Diego Domestic Violence Charges
Unfortunately, the harsh truth is that most people accused of domestic violence often find themselves without a proper understanding of their rights, and what they can do to get the help they need.
A small bit of legal advice from an experienced San Diego domestic violence attorney can make an enormous difference throughout domestic violence proceedings, and an experienced domestic violence lawyer can help you resolve your case with the discretion and sensitivity it deserves. It is very important to keep in mind that once a San Diego domestic violence call has been made, the local authorities will continue with prosecution with or without the help of the battered person.
San Diego law enforcement usually presses charges regardless if there are witnesses or if there has been reconciliation between the partners. Some cases are termed “wobblers,” which means they can wind up being either felonies or misdemeanors, reducing the sentencing options from prison to local jail time or probation.
If convicted of domestic violence, a defendant will have to undergo and complete a year-long domestic violence classroom program and likely be ordered to not have contact with the victim. However, the key to reducing the severity of the punishment is to have the best attorney legal representation that will work hard with some smart defense strategies and counter-evidence to get you the best possible result.
Here are some of the strategies San Diego domestic violence attorneys can use to get their client’s charges dismissed or reduced:
- They will argue that you as the defendant was acting in self-defense
- They will argue that the defendant did not willfully inflict injury the victim
- There is a lack of physical evidence against the defendant
- The victim is falsely accusing the defendant of DV
- The victim motives
Ready To Speak With A San Diego Domestic Violence Attorney?
If you have been charged with domestic violence or abuse in SD County and is ready to speak to a San Diego domestic violence attorney to explore your options call the number on the website. Calling the number is free. When you call, ask the attorney you connect with about no obligation consultation and payment plan options