if you have had domestic violence against you who is the best lawyer to help san diego ca

What are the legal defenses to domestic violence in California?

Our California domestic violence lawyers can help people fight back. Legal defenses to these charges include showing that: The victim made a false accusation. Sometimes we can convince the district attorney not to pursue a criminal case at all.

How to find a lawyer for a domestic violence case?

To find the lawyer who can best help with your situation, review the law firms’ profiles, visit their websites, and then contact them to confirm that you feel comfortable working with them on your domestic violence case. Domestic violence can include many types of abuse including spousal abuse, family abuse, and dating abuse.

What happens if you are accused of domestic violence in California?

California law enforcement agencies take claims of DV quite seriously. Someone accused of domestic violence for allegedly hitting or threatening a spouse or child may find him- or herself cut off from family and unable even to go home. Our criminal defense lawyers include former police officers and prosecutors.

How do I find out about domestic violence laws in California?

Find domestic violence resources in your county. Find domestic violence resources in tribal communities. Read about domestic violence laws starting with California Family Code section 6203. You can find criminal domestic violence laws in the California Penal Code, like Penal Code section 273.5, Penal Code section 243 (e) (1), and others.

How long does a domestic violence charge stay on your record in California?

If you were convicted of misdemeanor domestic violence, there is a 10 year prohibition from the state of California under Penal Code § 12021 c 1.

What happens when you get a domestic violence charge in California?

The legal consequences for domestic violence in California could involve fines, counseling, probation, community service or imprisonment. Further, you could be legally prohibited from ever contacting the victim or going into their home.

Can a domestic violence case be dismissed in California?

Contact an experienced domestic violence attorney. A knowledgeable DV attorney can be critical in getting a charge dropped because he/she can: try to directly persuade a prosecutor to drop a charge, cast doubt on an accuser, highlight conflicting evidence, and.

What qualifies as domestic violence in California?

California Penal Code 13700(b): “Domestic violence” means abuse committed against an adult or a minor who is a 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.

Do first time domestic violence offenders go to jail in California?

Most first-offense domestic violence charges won't include any jail time, but rather probation with certain conditions. However, an exception of course would include cases where the victim sustained significant injuries.

What is the bail amount for domestic violence in California?

$10,000-$50,000Under California Penal Code Section 273.5 PC, felony domestic violence convictions can be punished by up to 4 years in state prison and fines. Bail for felony domestic violence charges usually ranges from $10,000-$50,000 and up depending on the severity of the crime, criminal history, and risk to the victim.

What happens when someone presses charges against you?

Once those criminal charges are filed, the accused may be arrested and will have to either arrange a plea bargain with the prosecutor or will have to stand trial for the crime and potentially face jail time or other penalties. When charges are pressed, the accused person may have to go to trial.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

How long does the DA have to file charges in California?

For most misdemeanor crimes, the prosecution must file charges within one year from the date the offense was allegedly committed. If the crime is a felony, the prosecution generally has three years to file charges from the date the offense was allegedly committed.

What proof do you need for a restraining order in California?

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

Is verbal abuse a crime in California?

Verbal Abuse Is a Criminal Offense in California One charge used by the state is Penal Code §422: Criminal Threats. Individuals face PC 422 charges if they threaten someone with: An act of violence. Physical harm.

How do I get an EPO in California?

The officer contacts the on-call judicial officer by phone to request the EPO. Typically, the officer completes an EPO form at the scene so parties can receive a copy. The Judicial Council has two mandatory forms for use: EPO-001 and EPO-002.

What can a domestic violence lawyer do?

If you're the victim of domestic violence, an attorney can help protect you and your family through various methods such as getting a restraining order or custody changes. On the other hand, if you've been accused of domestic violence, an attorney can help keep you from losing custody ...

What is a guilty finding in domestic violence?

A guilty finding. Either through a plea or after a trial, the person is found guilty and sentenced by the court. Talking to a domestic violence attorney can help you learn more about domestic violence laws in your specific state and what each outcome may mean for your future.

What are some examples of domestic violence?

Some examples of domestic violence include threats of violence, throwing an object against the wall, taking away someone's car keys, preventing the person from leaving a room, breaking an object in their presence, grabbing the person's wrist, or intentionally bumping into the person. ". — Gina Famularo, California family law attorney.

Is restraining someone from harming themselves considered domestic violence?

For example, restraining another person to stop them from harming themselves is not considered domestic violence. It can also help to talk to your lawyer about how to gather evidence that can support your case. Be sure to let your domestic violence lawyer know about any evidence that the alleged victim may have as well.

Can an attorney help you get custody of your kids?

On the other hand, if you've been accused of domestic violence, an attorney can help keep you from losing custody of your kids and also possibly keep you out of jail. If domestic violence has touched your life, you may have some pressing questions related to your legal options.

Can you get an order of protection if you have been a victim of domestic violence?

If you've experienced domestic violence. If you've been a victim of domestic violence, you may be able to get an order of protection. If the person who hurt you then violates the order, they can face jail time. An order of protection is temporary at first.

Is it a good idea to hire a lawyer for domestic violence?

Hiring a lawyer is a good idea as well. The laws on what admissible evidence is in a domestic violence case may vary between states, and even between counties. A locally based attorney will help you gather what you need to make sure the protection order stands.

What are the types of domestic violence?

Protecting Victims. Domestic violence can include many types of abuse including spousal abuse, family abuse, and dating abuse. Domestic violence can also include emotional abuse as well as physical abuse.

What is attorney profile?

Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire. Use the contact form on the profiles to connect with local attorneys for legal advice.

Is it a good idea to research your lawyer before hiring?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can: Ensure the attorney is currently licensed to practice in your state.

How many women in California have experienced domestic violence?

According to a report published by the California Partnership to End Domestic Violence: 40% of women in California experience domestic violence at least once in their lifetime. 75% of domestic abuse victims have a child under the age of 18 in the home. 150,000 domestic violence victims seek assistance from hotlines funded by the state ...

What is the best way to help a victim of domestic violence?

Call the National Domestic Violence Hotline. Many domestic abuse victims find the National Domestic Violence Hotline to be a huge support as they deal with their situation. The hotline is completely free and will provide you with advice and assistance regardless of your age, gender, or sexual orientation.

How many domestic violence cases were there in California in 2007?

According to its data: Domestic violence accounts for 5% of all homicides in California. Almost 175,000 domestic violence-related calls for assistance were made to law enforcement in California in 2007.

Is there a one size fits all solution for domestic violence?

There is no one-size-fits-all solution for victims of domestic violence. Resolution techniques that may work well for one person may not be as effective for the next. However, if you are the victim of this type of abuse, you may find the following tips helpful:

Do you expect to be victim of domestic violence?

You do not expect to become the victim of domestic violence. However, if you should find yourself dealing with this nightmare scenario, it is important to remember that help is available. An experienced family law attorney, like those here ...

Who runs the Office on Women's Health?

The Office on Women’s Health is run by the U.S. Department of Health & Human Services. It is a vital resource for females of all ages who are dealing with an abusive partner. There is no cost to reach out to the Office on Women’s Health.

Can victims of domestic violence speak with others?

Victims of crime often find it helpful to speak with others who may be going through the same experiences as them. There are dozens of support groups throughout San Diego that would be more than happy to have you come and speak with them about your domestic violence situation.

What is domestic violence?

Domestic violence is threats or abuse from a person with whom the victim has a close relationship, be it familial or romantic. According to California law, physical abuse includes instances of:

What is the probation for domestic violence in California?

If you are charged with a misdemeanor-level domestic violence offense, like domestic battery under California Penal Code Section 243 (e) (1), you could be penalized with supervised or unsupervised probation. Several conditions are generally required to be fulfilled during probation. Offenders must not, for example, violate any other laws during this time, or it will result in a probation violation.

What happens if you are convicted of domestic violence?

If you are convicted of a domestic violence crime, you can face additional adverse effects to the penalties imposed by the court. A domestic violence conviction results in a criminal record that shows up on any background check and can jeopardize your chances with potential employers.

What is a protective order in California?

California criminal courts will typically issue a protective order—commonly called a restraining order—against domestic violence offenders, which prohibits any contact or communication with their victims. If a victim requests it, the judge may consider altering the protective order to allow peaceful contact between the parties. Depending on the circumstances, a judge may still impose a full protective order, even if the victim wants contact. For families striving to work through their differences and stay together, a required protective order can be devastating.

When determining whether to issue a charge for a misdemeanor or felony offense for domestic violence

When determining whether to issue a charge for a misdemeanor or felony offense for domestic violence, the prosecutor will consider not just the severity of each injury caused but also the entirety of injuries inflicted.

Is domestic violence a felony in California?

Domestic violence is a criminal act that California courts take very seriously. Domestic violence crimes often fall in the gray area between misdemeanors and felony charges—referred to as “wobbler” offenses, which means that prosecutors may charge a defendant with either a misdemeanor or felony, depending on the details of the case. The difference in the possible penalties that a misdemeanor versus a felony charge carries for domestic violence is substantial. The consequences of a domestic violence conviction include those enforced by the court and adverse effects that can impact the rest of your life.

Is domestic violence more serious than assault?

Domestic violence charges are more serious than assault and battery charges. California prosecutors crack down on domestic violence accusations, even if you are wrongly accused out of anger or jealousy. If placed on your permanent criminal record, a domestic violence charge will surface in background checks and may hinder you from gaining employment or housing.

Accused of domestic violence in the state of California?

You are in for a wild ride. False allegations of domestic violence are more common than in any other area of criminal law.

Beware False Domestic Violence Allegation Epidemic

In Contra Costa County, Alameda County, San Francisco County and throughout Northern California where we practice law, we have seen steady increases in the number of false allegations of domestic abuse every year.

Identify Motives behind False Domestic Violence Allegations

Every individual who alleges they have suffered domestic violence has a motive for doing so. One of those motives is that the allegations are warranted.

Brush Up On California Domestic Violence Laws

California Penal Code §§ 240-248 e. seq. and §§ 270-273.75 et. seq. define domestic violence as a criminal act within one of the following relationship types:

Penalties for California Domestic Violence

Penalties for a domestic violence conviction can be severe. Domestic violence cases can be wobblers, meaning the same act can qualify as a felony OR misdemeanor depending on the extent of the injuries, criminal history, risk of bodily harm and other facts of the case.

Obey Your Domestic Violence Protective Order

Charges for domestic violence will usually result in a court order.

Understand the System Favors the Accuser

One of the reasons fighting a domestic violence charge is so difficult is that individuals charged with domestic violence don’t have the same rights as individuals charged with most other crimes.

What is the Legal Resource Center on Violence Against Women?

The Legal Resource Center on Violence Against Women (LRCVAW) helps advocates and lawyers with issues of interstate custody where domestic violence is involved. The LRC can also try to assist survivors of domestic violence to find legal representation for interstate custody cases. They do not help with international custody cases.

What is the Hague Domestic Violence Project?

The Hague Domestic Violence Project provides information for mothers, lawyers, judges, and advocates involved in a domestic violence case brought under the Hague Convention on the Civil Aspects of International Child Abduction. Their goal is to help mothers, attorneys, judges and advocates incorporate child exposure to domestic violence as a defense to the otherwise required return of the child to his home country.

What is the National Clearinghouse for the Defense of Battered Women?

The National Clearinghouse for the Defense of Battered Women is resource and advocacy center for battered women charged with any crime in which their history of abuse is relevant (or potentially relevant) to their legal defense.

What is the Resource Center on Domestic Violence?

Operates the Resource Center on Domestic Violence and other ongoing projects, including ones on: improving the court system’s response to family violence cases; providing training for judges and court workers nationwide; and developing and promoting model state legislation on domestic and family violence.

What is the phone number for the NRCDV?

Phone 2: TTY: (800) 553-2508. URL: https://www.nrcdv.org/. Provides comprehensive information and resources (including videos, publications and information packs), policy development, and technical assistance designed to enhance community responses to and prevention of domestic violence.

What is domestic violence in California?

California Penal Code 13700 defines “domestic violence” as abuse committed against an intimate partner. 1 A person commits “abuse” when he or she intentionally or recklessly uses, or threatens the use of, physical force against an intimate partner. 2. 2.

What is child neglect in California?

Child neglect is a misdemeanor. It can be punished by a fine of up to $2,000 and/or up to one (1) year in county jail. 3.6.

What is the penalty for threatening someone in California?

California’s “criminal threats” law, Penal Code 422 PC, makes it a crime to threaten someone with serious harm. PC 422 may be charged as a misdemeanor or a felony. As a misdemeanor, criminal threats can be punished by up to one (1) year in jail. As a felony, potential penalties can include up to four (4) years in prison.

How long is a first offense in California?

Possible penalties for a first offense range from one (1) year in county jail to up to four (4) years in California state prison. 3.2. Penal Code 243 (e) (1), domestic battery. Penal Code 243 (e) (1) – California’s domestic battery law — makes it a misdemeanor to inflict force or violence on an intimate partner.

How long does elder abuse go to jail?

As a felony, elder abuse penalties can include up to four (4) years in state prison. Abuse of a senior citizen is a California crime of domestic violence that can affect custody rights. 3.7. Penal Code 422, criminal threats.

What are the consequences of being a non-citizen in California?

Immigration consequences for non-citizens, such as deportation or inadmissibility to the United States. Most of these consequences apply even if the defendant is sentenced to: “Summary” (misdemeanor) probation, or. “Formal” (felony) probation. Defending California domestic violence charges.

Can a domestic violence victim get a protective order in California?

16. A DV restraining order can be obtained in either civil or criminal court. No physical harm is required for a protective order.

What is domestic violence?

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.

What is a domestic violence restraining order?

A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. You can ask for a domestic violence restraining order if: A person has abused (or threatened to abuse) you; AND. You have a close relationship with that person.

What is an elder abuse restraining order?

Elder or dependent adult abuse restraining order (if the person being abused is 65 or older; or between 18 and 64 and a dependent adult). Find more information on getting an elder or dependent adult abuse restraining order. Workplace violence restraining order (filed by an employer to protect an employee from violence, stalking, ...

What happens when someone asks for a restraining order?

When someone asks for a domestic violence restraining order in court, they have to file court forms telling the judge what orders they want and why. What happens after that varies a little from court to court, but the general steps in the court case are:

Who must hand deliver a copy of a restraining order?

This means that someone 18 or older (NOT involved in the case) must hand-deliver a copy of all the papers to the restrained person . The restrained person has the right to file an answer to the restraining order request, explaining his or her side of the story.

Can domestic violence be physical?

It can even include physical abuse of the family pets. Also, keep in mind that the abuse in domestic violence does not have to be physical. Abuse can be verbal (spoken), emotional, or psychological. You do not have to be physically hit to be abused.

Do you have to see each other in court?

Both people will have to see each other in court, and both will have to tell the judge details of what happened in a public courtroom. Having a lawyer or (for the protected person) support from domestic violence experts can help make the process easier to handle. For the person asking for protection.