What to Do When You Have Been Falsely Accused of Domestic Violence Charges in San Diego

Have you been falsely accused of domestic violence in San Diego, CA? A single accusation can lead to life-changing consequences. If convicted, you could face jail time, expensive fines, and a criminal record that follows you for life.

At Blair Defense Criminal Lawyers, we understand the damage a false domestic violence allegation can cause. Our San Diego domestic violence lawyers have helped countless clients protect their rights when facing serious domestic violence charges. We have over 14 years of combined experience.

Contact us today at (619) 357-4977 to schedule a free consultation.

How Blair Defense Can Help You After a False Domestic Violence Allegation

How Blair Defense Can Help You After a False Domestic Violence Allegation

In San Diego, California, law enforcement and prosecutors take domestic violence allegations seriously. When you’re falsely accused, you need a law firm that knows how to protect your rights and prove your innocence. 

Here’s what you can expect when you hire our San Diego domestic violence attorneys:

  • A detailed, independent investigation of the accusations
  • Identification of witnesses, surveillance footage, and communication records that may support your defense
  • Challenges to restraining orders and protective conditions
  • Direct communication and negotiation with prosecutors to pursue dismissal or reduced charges
  • Aggressive representation in court if your case proceeds to trial

Blair Defense has over a decade of experience handling high-stakes criminal cases. We’ve been recognized by Super Lawyers, The National Trial Lawyers Top 100 Attorneys, and Avvo.

Our experienced San Diego criminal defense attorneys are here to look out for your interests and protect your reputation.

Call today to schedule your free consultation to discuss your domestic violence case. 

What to Do If You’re Falsely Accused of Domestic Violence in San Diego

False allegations often stem from personal conflict, such as breakups, divorces, custody disputes, or other tensions. California police typically err on the side of caution and may make arrests even if there’s no physical evidence.

If you’re facing false accusations, take the following steps immediately:

Avoid Contacting the Accuser

Contacting your accuser can lead to further legal trouble. If a restraining order is in place, any form of communication can result in additional criminal charges. Avoid calls, texts, emails, and social media interaction.

Remain Silent and Request an Attorney

You have a constitutional right to remain silent. Do not attempt to explain yourself to police or detectives without legal counsel present. Politely state that you wish to speak with an attorney and do not answer any further questions.

Gather and Preserve Evidence

Evidence will be key to asserting your innocence and proving that the allegations are false. Try and collect:

  • Screenshots of texts, emails, or social media messages
  • Witness names and contact information
  • Photos or video from the time of the alleged incident
  • A written account of what happened while your memory is fresh

Your lawyer can help you identify other types of evidence that may be helpful in your specific case. 

Overview of California Domestic Violence Laws

California law defines domestic violence as abuse or threats of abuse directed at an intimate partner or close family member. Domestic violence can involve:

  • Current or former spouses
  • Cohabitants or former cohabitants
  • Someone you’re dating or have dated
  • A co-parent of your child
  • Parents, children, or siblings

Domestic violence charges can arise from acts such as:

  • Physical assault or battery
  • Emotional abuse or threats
  • Stalking or harassment
  • Destruction of property
  • Violating a protective order

In San Diego, even a misdemeanor domestic violence charge can lead to immediate jail time and a restraining order that impacts major aspects of your life.

What Are the Penalties for Domestic Violence in San Diego?

In California, domestic violence offenses can be charged as either misdemeanors or felonies, depending on the severity of the incident, your prior criminal history, and the presence of aggravating factors.

Possible penalties include:

  • Jail time
  • Probation
  • Fines, court fees, and restitution to the victim
  • Loss of firearm rights 
  • Immigration consequences for non-citizens
  • Adverse impact on family law matters, including child custody and divorce proceedings 

Even if charges are dropped or reduced, the arrest alone can tarnish your reputation and affect your future. That’s why early, aggressive defense is important to ensuring your story is heard. 

What Are Common Defenses to False Domestic Violence Allegations?

We know that domestic violence accusations are sometimes used as weapons in personal disputes. We’ve helped clients across San Diego prove their innocence and protect their rights.

Depending on the facts of your case, we may build your defense using one or more of the following strategies:

  • False accusation: if the accuser is lying or exaggerating the incident
  • Lack of evidence: if the prosecution cannot meet its burden of proof
  • Self-defense: if you used reasonable force to protect yourself or someone else
  • Mutual combat: if both parties engaged in a physical altercation
  • Mistaken identity: if you were not the person responsible for the alleged incident

Every case is different. We will tailor your defense to the circumstances and fight to have the charges reduced or dismissed entirely.

Contact a San Diego Domestic Violence Lawyer for a Free Consultation

A false domestic violence accusation can upend your life, but you don’t have to face it alone. At Blair Defense, we bring over a decade of combined legal experience to every domestic violence case. 

Contact us today to schedule your free case evaluation with a San Diego domestic violence attorney. We’ll listen to your side of the story, explain your rights, and begin building a strong defense.