Have you been charged with domestic violence in San Diego, CA? A domestic violence conviction can have serious consequences, including jail time and fines. Contact an experienced San Diego domestic violence attorney at (619) 357-4977 for immediate assistance from the attorneys at Blair Defense Criminal Lawyers.
Our founding attorney, Peter Blair, has years of experience handling complex San Diego domestic violence cases. We’ve helped countless clients move forward with their lives after an arrest or allegations of domestic abuse.
To learn more about how we can help, call our law office in San Diego, California to schedule a free consultation today. Our top-rated San Diego criminal defense lawyers are here to help.
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How our San Diego Domestic Violence Lawyers Can Help if You Were Arrested
A San Diego DV conviction can significantly change your life. Even if the accusations are false, you could face immediate consequences. Our experienced criminal defense lawyers in San Diego, CA are ready to start protecting your rights immediately.
Our domestic violence lawyer will start waging your defense from the moment that you’re accused of a crime. We won’t stop until we’ve secured the best possible outcome in your case–whether that’s winning an acquittal or having the charges dropped or reduced.
By hiring our domestic violence attorneys, you’ll have a team of professionals to:
- Launch an independent investigation into your case
- Interview witnesses and gather evidence to help prove your innocence
- Fight back if you’re threatened with a restraining order
- Negotiate with prosecuting attorneys to have your charges reduced or the case dismissed
- Provide vigorous legal advocacy before a judge and jury if necessary
To learn more information about how we can help, reach out for a no-charge initial consultation today. Peter Blair is considered highly among his peers, with many years of experience.
What is Domestic Violence in California?
Domestic violence is a criminal offense in California (Penal Codes Section 13700-13702) based on the close relationship between the defendant and the alleged victim. It is a practice area that covers many different kinds of crimes. It is the relationship between the parties that characterizes the underlying offense as domestic violence.
Types of Domestic Violence
Most people think of domestic violence as physical abuse, but it can take many forms, including manipulation, intimidation, and isolation.
Below we explain the different kinds of domestic violence that can occur and give examples of each.
- Physical Abuse – Hitting, choking, biting, or otherwise physically assaulting; preventing someone from seeking medical attention or calling 911; forcing someone to take drugs
- Sexual Abuse – Forcing someone to engage in sexual intercourse or continuing to pressure them after they refuse; hurting someone during sex; manipulating someone into performing sexual acts
- Isolation – Preventing someone from interacting with others or leaving the house
- Control – Dictating someone’s every move, including how they can dress, who they can talk to, and what they can do
- Verbal Abuse: Coercion, Threats, & Blame – Making verbal threats to frighten someone or get them to do something; blaming someone for things they didn’t do; coercing someone to do things they don’t want to do
- Emotional Abuse & Intimidation – Continuously insulting someone; being overly possessive; threatening to hurt someone’s children or pets; humiliating or criticizing someone to make them feel insecure
- Financial Abuse – Closely monitoring someone’s spending and giving them an “allowance;” stealing money from someone’s account; preventing someone from working, earning their own money, or opening a bank account
- Digital Abuse – Sending unsolicited, explicit photos to someone; sending threatening messages to someone on social media; using someone’s password without their permission to log in to their accounts and monitor their interactions
As you can see, domestic violence can be physical, psychological, monetary, or digital. Any of these behaviors can result in criminal charges in San Diego.
Domestic Battery – Penal Code § 243(e)(1)
California law defines battery as the unlawful and willful use of force or violence against another person.
The offense is classified as “domestic battery” if it is committed against someone with whom you shared a “domestic relationship.” The law generally defines the term as:
- A spouse or former spouse
- Romantic intimate partners
- Former romantic partners
- Cohabitants and former cohabitants (roommates or a partner)
- The parent of the alleged abuser’s child
- A fiance
A conviction for domestic battery carries different penalties than a simple battery conviction. Judges have the authority to impose a much wider range of punishments, such as probation and counseling.
What is Considered a Domestic Relationship in California?
California law does not technically define when a relationship is considered domestic. However, the Penal Code provides that:
“Domestic violence means abuse committed against an adult or a minor who is a current spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”
Cohabitants are defined as “two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship.”
Child Abuse: California Penal Code 273a(b)
PC 273a(b) is the state’s statute prohibiting child abuse. Child abuse can take several different forms, each of which is unlawful:
- Willfully causing or permitting injury to the child
- Willfully causing or permitting the child to suffer
- Inflicting unjustifiable pain or mental suffering
The state can also charge you with child abuse for willfully causing or permitting a situation that endangers the child’s person or health.
Corporal Injury to a Spouse – California Penal Code § 273.5?
Under Section 273.5, more serious assault charges apply if prosecutors allege that you willfully inflicted a “corporal injury” on someone with whom you shared a domestic relationship. This happens when the victim accuses you of causing a traumatic injury.
“Traumatic injuries” are defined to include bodily conditions caused by the use of bodily force, such as:
- Wounds
- Violent physical abuse
- External or internal injuries
- Injuries caused by strangulation or suffocation
The victim doesn’t have to prove that these were serious. Further, “traumatic injury” can be interpreted broadly as a wide range of injuries. To convict, the prosecution must only prove:
- You shared a domestic relationship with the alleged victim
- You willfully inflicted the bodily injury
Our team of domestic violence attorneys near you can help you. To get started, call our law firm for a case evaluation.
Stalking and Harassment – Penal Code § 646.9
The term “domestic violence” also encompasses situations where you aren’t accused of causing corporal harm.
You can be charged with stalking or harassment if you:
- Repeatedly contact or follow the alleged victim
- Make some type of credible threat or making the other person feel threatened
State prosecutors must prove that the victim reasonably feared for their safety, or the safety of their family, to convict for domestic stalking.
Criminal Threats – Penal Code § 422
To convict for criminal threats, the prosecution must prove the following:
- You threatened to commit a crime
- The crime, if committed, would likely cause great bodily harm or death
- You specifically intended that the statement would be taken as a threat
- The threat was made in a manner that was unequivocal and immediate
- The alleged victim reasonably feared for their safety, or the safety of their immediate family members
If you’ve been charged with domestic violence, even as a first-time offense, you need to act fast. An experienced domestic violence attorney can help you defend your rights.
Statute of Limitations for Domestic Violence Cases in California
Prosecutors have up to five years to file a charge of domestic violence against you. The clock starts running on the date the abuse was alleged to have occurred. If they fail to file charges by this statute of limitations deadline, they will likely not be able to prosecute you for the crime, except under extraordinary circumstances.
What are the Penalties for Domestic Violence?
Domestic violence charges often carry enhanced penalties when compared to “ordinary” criminal charges.
If convicted, you can still be sentenced to prison or jail and ordered to pay financial sanctions. State law also imposes mandatory minimum jail sentences for certain offenses. California’s “three strikes law” also carries the potential for life in prison if you have prior felony convictions.
In addition to prison and fines, your punishment may also include:
- Probation
- Participation in a counseling program
- Other types of counseling
- Payments to a battered women’s shelter
- Imposition of a protective order
- Temporary or permanent restraining order.
Restraining Orders In California Domestic Violence Cases
Often, a victim of domestic abuse will first seek a restraining order before you even have a chance to defend yourself against the allegations. The restraining order can restrict your ability to contact or come within a certain distance of the alleged victim. It can also restrict your freedom of movement. If you live with the alleged victim, the court may order you to move out of your home and continue to cover expenses.
Collateral Consequences Of A Domestic Violence Conviction In San Diego
The collateral consequences of even a misdemeanor DV conviction could include:
- Possible family court issues (e.g., child custody & child support issues)
- Housing problems
- Loss of your right to own a firearm
- Damage to your personal and professional reputation
- Immigration problems
- A lasting criminal record, can create problems finding employment or housing
Our attorneys have been handling complex cases for years. To learn more information about how a San Diego domestic violence attorney can help, visit our Contact Us page for a no-cost case review today.
What Happens To First-Time Offenders for Domestic Violence in San Diego?
The outcome will heavily depend on the facts of the case. While the offender’s criminal record will be a vital factor to be considered, other things – such as the severity of the victim’s injuries – will also play a significant role in the case.
For example, if it’s someone’s first offense but they inflicted severe bodily harm on the victim, they will likely face felony charges and imprisonment. However, in another scenario involving no injuries, a first-time offender may be eligible for probation and avoid jail altogether.
That’s why it’s essential to have a skilled domestic violence lawyer advocating for you. A lawyer will protect your legal rights and minimize your potential punishment.
What Defenses Can Be Raised if I’m Accused of Domestic Violence?
Our law firm in San Diego will help you build the effective defense you need. Every case is unique, so the exact details will vary depending on the situation.
Examples of potential defense may include:
- The claim against you is false
- Lack of intent to commit the underlying offense
- You were acting in self-defense
- Innocence, whether established through albi or other evidence
- Challenges to the prosecution’s evidence
Regardless of the facts, you shouldn’t take the situation lightly if you’re facing these charges. Contact our legal team to start building the aggressive defense you deserve.
Schedule a Free Consultation With a San Diego Domestic Violence Lawyer Near You
Have you been arrested for domestic violence in San Diego? Prosecutors and judges take domestic violence matters extremely seriously. You need an attorney who knows how to protect you. Contact Blair Defense Criminal Lawyers to schedule your free initial case review with a skilled San Diego domestic violence attorney near you and secure the best possible results.
Domestic Violence Resources & Blogs
- How a Defense Lawyer Can Help If You’re Accused of Domestic Violence
- Domestic Violence – Common Tactics of Control
- Prosecution Tactics in Domestic Violence Matters
- How Much Time Am I Looking At for a Domestic Violence Charge?
- What Happens When A Domestic Violence Victim Doesn’t Want To Press Charges
- Will I Go to Jail if Convicted of Domestic Violence?
- Domestic Violence Statistics in California
- Process of a Domestic Violence Case
San Diego Criminal Defense Lawyer Review
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San Diego, CA Courts
- San Diego County Family Resource – 7947 Mission Center Ct, San Diego, CA 92108
- San Diego DWC District Office – 7575 Metropolitan Dr #202, San Diego, CA 92108
- Juvenile Court – 2851 Meadow Lark Dr, San Diego, CA 92123
- San Diego Superior Court’s Traffic and Minor Offense Division – 8950 Clairemont Mesa Blvd, San Diego, CA 92123
- San Diego Central Courthouse – 1100 Union St, San Diego, CA 92101
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