Domestic violence is a serious public health issue that defies all boundaries of age, race, class, gender and sexual orientation, breaking up families, endangering lives, and resulting in thousands of injuries and deaths to men and women across the United States every year. Sometimes though, for whatever reason, one partner or former partner makes a false claim of domestic violence against another, out of anger or in retaliation for a perceived wrongdoing. Fortunately, the legal system is designed to protect the rights of domestic violence victims as well as those wrongly accused of such crimes, but the success of the accused’s defense depends largely on who he or she hires to represent the case. Choosing the right domestic violence attorney in San Diego is the first step in building a strong criminal defense, and can help you avoid jail time and the social stigma of a domestic violence conviction. If you have been charged with domestic violence in San Diego, call (619) 430-2355 now to speak to our qualified criminal defense attorneys at San Diego Domestic Violence Attorney.
Understanding Your Domestic Violence Charges
Domestic violence is defined as a systematic pattern of abuse that occurs within the home, against someone with whom you have a close personal relationship, and is characterized by behavior used by one person to influence, manipulate or control another person. In our culture, when we hear about an incident of domestic violence, we automatically assume it to be physical abuse perpetrated by a man against a woman, when in fact it can occur in any romantic relationship, regardless of the genders involved, and while physical intimate partner abuse is the most common type of domestic violence in this country, there are many kinds of actions or statements that may constitute domestic violence in San Diego, including harassment, physical violence or even threats of physical violence. According to California Family Code Section 6211, you can be charged with domestic violence if any of the following people accuse you of a pattern of physical abuse, emotional abuse, sexual abuse and coercion, reproductive coercion, financial abuse, or digital abuse:
California’s domestic violence laws are gender-neutral. Penal Code § 273.5 and Penal Code § 243(e)(1) apply to current and former spouses, cohabitants, dating partners and co-parents alike, whatever their gender or sexual orientation, so abuse allegations arise in same-sex and LGBTQ+ relationships just as they do in heterosexual ones. If you have been accused of domestic violence in a same-sex or LGBTQ+ relationship, you are entitled to the same defenses and the same fair treatment, and an attorney should take the time to understand the full context of the relationship and the incident, including who actually was the aggressor.
- Your current or former spouse;
- A domestic partner;
- Someone you previously dated or are currently dating;
- Someone who previously lived with you or currently lives with you;
- Your child;
- Someone you have a child with; or
- Someone related to you by blood or marriage
Consequences of a Domestic Violence Conviction
Intimate partner abuse is considered a violent offense in San Diego and domestic violence statistics have risen to epidemic proportions in the United States. As such, prosecutors are tough on charges of spousal abuse and other types of domestic violence, and the consequences associated with a domestic violence conviction are severe and far-reaching. Not only can a conviction result in criminal penalties, but there are also countless personal, professional and social costs associated with domestic violence charges. In addition to serving time in jail and paying significant fines, individuals convicted of domestic violence in San Diego may be required to attend counseling or complete community service hours, and may be prohibited from owning or possessing a gun, among other penalties. If you have a domestic violence restraining order filed against you by a domestic partner or close family member, the court orders are entered into a statewide system that alerts law enforcement agencies throughout California to the terms of the restraining order, and if you move out of California, you will be required to notify your new local police about the orders. Even after you’ve served your time for a domestic violence conviction, the punishment does not end. A misdemeanor or felony conviction for domestic violence will show up on your permanent record, which means anyone who runs a background check on you for a job or loan will see the conviction.
Defending Yourself Against Domestic Violence Charges
There are plenty of domestic violence incidents in San Diego that result in real physical, emotional or psychological injuries, and these should be prosecuted accordingly, but in some cases, accusations of domestic abuse may stem from a misunderstanding or exaggeration that gets blown out of proportion. Some people even make false claims of domestic violence, out of anger, in response to divorce proceedings, in an attempt to gain leverage over another person, to punish the other person for perceived wrongdoing, to garner sympathy from friends and family members, or to prevail in a child custody dispute. Whatever the circumstances of your domestic violence case, building a strong defense is imperative to protecting your personal freedoms and reputation. The stigma of a domestic violence conviction can follow you for the rest of your life, showing up on your criminal record and possibly even affecting your ability to get a job, apply for housing or have custody of your children. If you are facing charges of domestic violence in San Diego, your attorney may be able to use the following defenses to convince the court that your charges should be dropped or reduced to a non-violent offense:
- False accusations of abuse – If you can identify any reason why an alleged abuse victim might make a false claim of domestic violence, your lawyer can use that information as leverage when negotiating with a prosecutor.
- Alibi – If you have an alibi for the time the abuse allegedly occurred, that may be enough to establish reasonable doubt in your case.
- Consent – This is rare, but if you can prove that the other person consented voluntarily to the act, then it may not legally constitute domestic violence.
- Self-defense – If you acted in defense of yourself or another person in response to an imminent threat of harm or injury, you may be able to use this as a defense in court.
- Lack of proof – If the prosecutor fails to meet the requisite burden of proof in your case, you may be able to have your charges dropped.
How a Criminal Defense Attorney Can Help
Proclaiming your innocence and developing a defense strategy is only part of the battle when it comes to fighting charges of domestic violence. Having an experienced attorney on your side who knows the complexities of the law as it pertains to domestic violence cases is critical to the success of your case. Our attorney Noah T. Huston focuses his criminal defense practice on domestic violence cases and offers clients throughout San Diego County focused domestic violence representation. The best way to avoid serving time in jail for domestic violence is to avoid a conviction, and our criminal defense attorneys can help you do just that. With valuable legal resources at their disposal and access to expert witnesses who can help with your defense, our lawyers will work tirelessly to ensure that your legal rights are protected throughout your case, and to improve the chances of your charges being reduced or dismissed altogether.
Free Domestic Violence Consultation in San Diego
Domestic violence is a serious offense that carries harsh penalties under California law. If you are facing criminal charges for domestic violence in San Diego, or if you have been served with a domestic violence restraining order or another type of protective order, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, for a free, no-obligation domestic violence consultation. With over 100 years of combined experience in the field of criminal law, our attorneys can offer you affordable, knowledgeable domestic violence representation according to the spirit of the law. Having a qualified criminal defense lawyer on your side can significantly improve your chances of a favorable outcome in court, so don’t hesitate to get legal help after being charged with domestic violence in San Diego.