San Diego Domestic Violence Attorney

Each year, there are more than 12 million victims of domestic violence. However, it is widely speculated that there are many more instances of domestic violence that are prevalent but underreported. San Diego’s domestic violence statistics are similar to that of much of the country. 

Domestic violence cases are typically not simple. Each reported incident is unique. In many cases, charges are filed prematurely or without a reason. If you are currently facing domestic violence charges, it is in your best interest to contact an experienced San Diego domestic violence lawyer as soon as possible. At Bernal Law, our team is dedicated to protecting our clients’ legal rights. 

TYPES OF DOMESTIC VIOLENCE IN SAN DIEGO

Domestic violence is a pattern of abusive behavior in any relationship that is used by one (or both) partners to obtain or maintain control over the other partner. Various forms of abuse that are included in the definition of domestic violence to include:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Economic abuse
• Psychological abuse
• Verbal threats
• Stalking
• Cyberstalking

Anyone can be a victim of domestic violence, including spouses, intimate partners (dating), family members (related by blood or marriage), children, and roommates. In many cases, courts will issue protective orders for those who are suspected of being in imminent danger. This can cause displacement, even for those who are wrongly accused. 

Domestic violence can include several behaviors, often characterized by violent and aggressive actions against another individual. Domestic violence may also include coercion, threats, intimidation, or other forms of systemized control.

Who Is Protected by Domestic Violence Laws?

According to California law, within Family Code Section 6211, several parties are protected against domestic violence. These individuals can include any of the following:

• Spouse, former or current
• Domestic partner
• Someone you are dating
• Someone you’ve previously dated
• Your child
• Another individual you’ve had a child with
• Someone who lives with you
• An individual who previously lived with you
• Another person related to you by blood
• Someone related to you by marriage

For more information about defenses and arguments you can utilize in your case, contact our San Diego domestic violence lawyers for valuable support.

WHAT ARE THE LAWS ON DOMESTIC VIOLENCE?

In the state of California, it is illegal to willfully inflict corporal injury resulting in traumatic condition or visible physical injury upon a spouse, fellow parent, or cohabitant (Penal Code 273.5 – Corporal Injury to Spouse).  

The more commonly charged offense is Penal Code 243 – Domestic Battery. This includes acts of domestic abuse that do not produce a visible physical injury. Additionally, there are many other related offenses that stem from domestic violence. 

Understanding and applying all domestic violence laws by yourself can be difficult and leave you vulnerable to an unfavorable ruling. Trust your freedom with a proven San Diego domestic violence lawyer. 

What Is the Process If Charged With a Domestic Violence Lawyer in San Diego?

Domestic violence cases in San Diego follow a structured process comprising four distinct phases that individuals charged with such offenses should be aware of.

Arrest and Investigation

When police respond to a domestic violence call, an arrest is likely driven by California’s encouragement to law enforcement for arrests in suspected cases. The “dominant aggressor” is determined, and arrest may lead to felony charges initially, intending to keep the accused away from the alleged victim. Legal guidance ensures that individuals don’t unintentionally harm their case during questioning and aids in navigating the bail process effectively.

Pre-Filing Intervention

Understanding the potential consequences of a domestic violence conviction, attorneys engage in pre-filing negotiations with the prosecutor to secure the most favorable outcome. It’s essential to note that the alleged victim cannot drop charges once the process is initiated. Pre-filing interventions explore various possibilities, from dismissal and pretrial diversion to charge reductions. A skilled attorney may negotiate alternative charges that carry less severe implications.

Arraignment and Pretrial Hearings

During this phase, protective orders restricting contact with the victim are often issued. Subsequent pretrial hearings involve proceedings, negotiations, and efforts to settle the case before trial. Various motions and evidence presentations contribute to building a defense or seeking resolutions that align with the accused’s best interests.

Trial

The case proceeds to trial if a resolution is unattainable during pretrial proceedings. Here, the prosecution bears the burden of proving charges beyond a reasonable doubt. The accused is guided by their attorney on whether to settle or proceed to trial based on factors like witness testimony and evidence inconsistencies. If convicted, a sentencing hearing follows, where the judge imposes the sentence.

PENALTIES FOR DOMESTIC VIOLENCE

Domestic violence charges (PC 273.5) are considered “wobbler offenses.” They can be charged as a misdemeanor or a felony, depending on the details of the case and prior criminal records. If charged as a misdemeanor, defendants potentially face up to one year in jail, fines as high as $6,000, and probation. If charged as a felony, punishment can include up to four years in prison and up to $6,000 in fines.  

Penal Code 243(e) can only be charged as a misdemeanor. Those convicted face a maximum of a one-year jail sentence and fines no greater than $2,000. If convicted of any charges stemming from domestic violence, defendants can lose their freedom, a lot of money, and their families.  

What If I Am a First-Time Offender?

In most cases, accusations of domestic violence are taken seriously and prosecuted viciously. However, if you are convicted without prior offenses on your record, a judge may rule in favor of a lighter sentence or probation only. 

The outcome will largely depend on the severity of injuries caused, criminal history, and the ability of your San Diego domestic violence attorney to advocate for your rights, negotiate with the prosecution, and present a compelling argument to the court. 

Can My Domestic Violence Case Be Dismissed?

No reputable San Diego domestic violence lawyer will guarantee that your case will be dismissed. However, there are instances that warrant the dismissal of charges.

Factors That Could Affect Whether Your Domestic Violence Case Is Dismissed

Once prosecutors decide to charge you with a domestic violence offense, it’s essential to understand that they are the only ones who can drop domestic violence charges. Some factors that may influence whether your domestic violence case is dismissed include:

• Unintentional or Non-Injurious Contact: The defense may argue that the contact with the other person was not intentional or willful or did not result in injury or harm.
• Self-Defense: A defense strategy could involve asserting that the accused acted in self-defense during the incident.
• Accidental Violence: The defense might present evidence that the violence was the result of an accident rather than a deliberate act.
• Lack of Visible Injuries: The absence of visible signs of injuries on the alleged victim does not preclude prosecution, but it can be part of the defense’s argument.
• Inconsistent Statements: Inconsistencies in statements made by the alleged victim and/or witnesses may be highlighted to question the credibility of the prosecution’s case.
• Victim’s Desire to Drop Charges: If the alleged victim expresses a desire to drop the charges and refuses to cooperate with the prosecution, it can be a factor in the defense’s argument.
• No Independent Witnesses: Cases relying solely on conflicting accounts without independent witnesses can be challenging to prosecute, and the defense may capitalize on this.
• Lack of Supporting Evidence: If there is no additional evidence supporting the claim that the defendant committed acts meeting the definition of domestic violence, the defense may challenge the case.
• Probable Cause and Constitutional Violations: The defense may argue that the police lacked probable cause for the arrest or violated constitutional rights, making evidence inadmissible in court.

Your San Diego domestic violence attorney can guide you through the decision-making process, explaining the risks and benefits of each option, ultimately helping you make an informed decision tailored to your unique situation.

Facing Domestic Violence Charges? Here’s How an Attorney Can Help

When facing domestic violence charges, hiring an attorney is crucial for several reasons. Here’s how an attorney can help individuals navigate through the complexities of domestic violence cases:

• Protection of Rights: An attorney ensures that your rights are protected throughout the legal proceedings. They can advise you on your rights during police questioning, arraignment, and court appearances. 
• Investigation and Evidence Gathering: A skilled attorney will conduct a thorough investigation into the allegations against you. This may involve gathering evidence, interviewing witnesses, and examining the details of the incident.
• Negotiation with Prosecution: Attorneys often engage in negotiations with the prosecution to seek a favorable resolution for their clients. This may involve pursuing pretrial diversion programs, reduced charges, or alternative sentencing options.
• Trial Representation: If your case goes to trial, having an experienced attorney by your side is essential. They can present a strong defense, cross-examine witnesses, and challenge the prosecution’s case.
• Protection from Harsh Penalties: Domestic violence convictions can lead to severe consequences, including jail time, fines, restraining orders, and damage to your reputation. An attorney will strive to minimize these penalties and explore alternatives.

For those facing domestic violence charges, seeking legal representation is not just about navigating the legal intricacies but also about having an advocate who understands the personal and emotional challenges associated with these cases. Bernal Law, with its experienced team, is ready to provide comprehensive support, protect your rights, and work towards the best possible outcome for your case.

GET VALUABLE SUPPORT AND PROTECT YOUR RIGHTS WITH HELP FROM BERNAL LAW

If you have been charged with domestic violence in San Diego, we strongly encourage you to work with a San Diego domestic violence lawyer for support. A lawyer from Bernal Law, including the talented and dedicated Attorney Pedro Bernal, is a great choice to protect your rights. Attorney Bernal was a former prosecutor, so he knows precisely what strategies the plaintiff side will use against you. He’s also fluent in English and Spanish.

If you have any questions or concerns, please get in touch with us immediately. When you connect with us, we can provide answers, bring clarity to any of your concerns, and schedule a consultation with a qualified attorney for you. You can reach us when you call (619) 736-9092 or complete our contact form at your earliest convenience.