Being falsely accused of domestic violence in San Diego is frightening. You could serve time in jail and face a restrictive protective order from the court. Knowing what to do when you have been falsely accused of domestic violence could help you avoid jail and protect your future.

Steps to Take if Someone Falsely Accuses You of Domestic Violence in San Diego, CA

Judges take allegations of domestic violence very seriously. Law enforcement officers and courts tend to err on the side of caution and give the victim the benefit of the doubt. They do not want to deny protection orders and let abusers go free because they fear the victim could be harmed.

Therefore, prepare to fight allegations of domestic violence with every resource available. The steps you should take if someone falsely accuses you of domestic violence are:

Do Not Speak to the Accuser 

Your instinct might be to try to work things out with the person accusing you of domestic abuse. You believe if you could talk to the person, you could resolve the matter without needing to involve the court. 

Fight the urge to contact your accuser. It is not wise to try to talk to them or contact them in any way. Doing so could be considered an attempt to intimidate a witness, which could result in additional criminal charges.

Contact a San Diego Domestic Violence Defense Lawyer Immediately 

Exercise your right to remain silent by not answering questions or making a statement to the police or the prosecutor. Instead, tell them you invoke your right to speak with a domestic violence lawyer. If you have been released, contact us immediately for a free consultation.

An experienced lawyer will provide the legal advice you need to help you defend yourself against false charges of domestic violence. A defense attorney can investigate the charges and analyze the state’s evidence to build a solid defense against the false allegations of domestic violence.

Begin Gathering Evidence for Your Defense

Your lawyer will discuss the best defense strategy for your domestic violence case. Your attorney will interview witnesses and gather evidence. However, you can help your lawyer by gathering evidence while you wait for your appointment.

Make a list of all witnesses that can testify regarding the alleged abuse and violent acts. If you have an alibi, provide your lawyer with the names and contact information of everyone who can verify your alibi.

Think about where the alleged abuse took place. Were there cameras or surveillance video that might capture the alleged altercation? Write a detailed summary of the events leading up to the alleged violence and details that you recall.

Understanding Domestic Violence Charges and Penalties in California

Domestic violence includes physical abuse, sexual abuse, economic abuse, and psychological abuse. The state has several statutes that deal with domestic violence allegations. 

Your San Diego criminal defense lawyer will explain the charges against you and the potential penalties for a guilty verdict or plea. 

You can be charged with several crimes related to domestic violence. Those crimes include:

Many domestic violence charges are wobbler offenses. Therefore, the prosecutor can charge you with either a misdemeanor or a felony offense. Also, because you can be charged with a felony, you could face mandatory minimum jail sentences and a strike against you under California’s Three Strikes law.

What Are the Potential Penalties for Domestic Violence Charges in San Diego?

Your past criminal history, the specific criminal charge, and the facts of the case will impact the sentence for a domestic violence conviction. 

Potential penalties include:

  • Jail or prison sentences
  • Fines 
  • Probation
  • Protective orders
  • Temporary or permanent restraining orders
  • Mandatory counseling and/or participation in a program

You also have a permanent criminal record that could cause numerous collateral consequences. A domestic violence conviction and restraining order could impact your housing, career, child custody, immigration status, and firearm rights.

Don’t let false allegations of domestic violence ruin your future. A San Diego domestic violence lawyer will prepare an effective defense to give you the best chance of having the false allegations dropped and the case dismissed.

If you’re facing charges for domestic violence, drug crimes or any kind of criminal charges, call Blair Defense Criminal Lawyers at (619) 357-4977 or contact us online today.