if you have had domestic violence against you who is the best lawyer to me 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.

Do I need a lawyer for a domestic violence case?

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. First, make sure you understand domestic violence's definition:

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.

Where can I find a domestic violence Attorney?

Need A Domestic Violence Attorney? FindLaw's Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from criminal defense to personal injury to estate planning.

How do you handle domestic violence cases?

If possible, offer to go along for moral support to the police, court, or lawyer's office. Let the person know they are not alone and help is available. Call the National Domestic Violence Hotline at 1−800−799−7233 for immediate assistance and a referral to nearby counseling services or support groups.

Can you sue someone for domestic violence Australia?

In Australia, Domestic Violence Redress, a joint venture between survivor charity, The Brigid Project, and law firm, The People's Solicitors, aims to make these actions widely available to survivors. Most people don't know that suing an abusive ex-partner is even possible. But it certainly is.

Can I get compensation for being assaulted?

If you have been injured following a criminal assault, for example violent mugging, sexual assault or unprovoked attack, you may be able to pursue a claim for damages: Through the Criminal Injuries Compensation Authorities (CICA) Through the courts in a civil claim for damages.

Can I sue my ex for emotional distress?

Yes, but only in rare situations in which your ex's behavior was really bad and the distress you suffer is severe. In some states you must have physical symptoms to move a case forward. You do not need to have suffered physical abuse, but a standard breakup is not enough.

How Do I Choose A Domestic Violence Lawyer?

Consider the following when seeking legal services and determining which attorney you plan to hire for your legal matter:

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 a restraining order for domestic violence?

Attorneys who assist domestic abuse victims can help you seek a restraining order (sometimes called a protection order, protective order, or order for protection) to keep your abuser away from you. They will also help you understand your legal options and provide insight into how domestic violence issues can affect issues such as child custody and child support.

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.

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 Crime Victim Law Institute?

The National Crime Victim Law Institute (NCVLI) pairs crime victims with free attorneys who fight to secure their rights. They do this through their national network of legal clinics and their National Alliance of Victims’ Rights Attorneys (NAVRA). They also ensure that every attorney and advocate can make the best arguments for the victims they serve by providing them with legal technical assistance in the form of legal research, writing, and strategic consultation. In addition, they file amicus curiae (friend of the court) briefs in victims’ rights cases nationwide. NCVLI rarely provides any legal services directly to victims. When a victim contacts NCVLI they work to pair that victim with support services in his or her area, and to find a lawyer in their pool of pro bono attorneys who is willing to provide free or low cost legal services focusing efforts on active criminal cases and protecting victims’ rights during investigation, prosecution and post-conviction. They will then partner with those volunteer lawyers to ensure top quality advocacy on behalf of the victim. If you are seeking assistance with referrals, please fill out their online referral request form on the website.

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 National Clearinghouse for Domestic Violence?

This national clearinghouse provides support for those interested in developing a comprehensive health care response to domestic violence in all health care settings. Provides resource and training materials, technical assistance, information and referrals, and models for local, state and national health policymaking. Part of the National Health Initiative on Domestic Violence, a program of the Family Violence Prevention Fund, and part of the Domestic Violence Resource Network.

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 to tell the judge about domestic violence?

If you can, tell the judge about the history of how the other person has abused you, past injuries, medical records, police calls, etc. Bring police or medical reports, pictures, or witnesses if you can.

What to do if you never made the other person have sex with you against their will?

If you never made the other person have sex with you against their will. that the person who abused you filled out when they got their restraining order against you. You can get this affidavit from the file in the clerk's office. If there are statements in that affidavit that are not true, tell the judge the truth.

How to get a restraining order against someone?

If you get served with a 209A restraining order against you, take it seriously. Go to the hearing, no matter what anyone tells you. If you don't go to the hearing, the judge may give the person who abused you a restraining order against you. You do not want that to happen, for many reasons: 1 The abusive person may lie about you or make up things you did so they can get a criminal case filed against you. 2 If the abusive person gets an order against you, it takes attention away from their own abusive behavior. It makes it seem like the domestic violence was your fault as much as it was their fault. 3 It is dangerous for you. If you each have protective orders against each other, the police may not know what to do when there is a problem. You might have trouble getting the police to arrest the abusive person for violating your order. This makes you less safe. 4 It lets the abuser hurt you by using the very system that was set up to protect you.

What to do if affidavit is not true?

If there are statements in that affidavit that are not true, tell the judge the truth. The judge should only issue a mutual 209A restraining order (one that is against both of you) if they believe that you are each truly in danger from the other.

What happens if you get a restraining order and the person who abused you asks for one?

If you try to get a restraining order and the person who abused you also asks for one against you, the court may write up “mutual restraining orders.”. This means that each of you has a restraining order against the other. If a judge orders mutual restraining orders, the judge has to write down the reasons why they are writing restraining orders ...

How do abusive people get revenge?

Sometimes, abusive people try to "get revenge" by filing criminal charges against their victims. You should take this very seriously. If the other person files criminal charges against you, you will need a lawyer. If you cannot afford a lawyer, the court should appoint one for you if any jail time is possible.

What to do if you get served with a 209A?

If you get served with a 209A restraining order against you, take it seriously. Go to the hearing, no matter what anyone tells you. If you don't go to the hearing, the judge may give the person who abused you a restraining order against you. You do not want that to happen, for many reasons:

What is the domestic violence charge in California?

Common charges include Penal Code 243 (e) (1) “domestic battery” and Penal Code 273.5, “inflicting corporal injury on an intimate partner.”

What is child abuse in California?

Reasonable spankings are excluded, but any punishment that is cruel or causes injury is considered child abuse in California.

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.

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.

How long is PC 273.5 in jail?

PC 273.5 is a felony. Possible penalties for a first offense range from one (1) year in county jail to up to four (4) years in California state prison.

Is domestic battery a misdemeanor?

Domestic battery is a misdemeanor. Punishment can include a fine of up to $2,000, and/or up to one (1) year in county jail. 3.3. Penal Code 273d, child abuse. Penal Code 273d PC California’s “child abuse” law, makes it a crime to inflict corporal punishment or injury on a child.

Is abuse of a senior citizen a crime in California?

Abuse of a senior citizen is a California crime of domestic violence that can affect custody rights. 3.7. Penal Code 422, criminal threats. 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.

Who decides whether to drop domestic violence charges?

Therefore, it's the State (and in particular, the prosecutor's office) which will decide whether to move forward with the case or drop the domestic violence charges. Keep in mind that even though you aren't the one to bring the criminal charges, you'll have an important role to play as the proceedings advance.

What is the role of a victim in a domestic violence case?

The Victim's Role in the Case. Victims have many roles to play as a domestic violence case moves forward. For example, if there's a trial, then you'll probably be required to testify in court against your abuser, but keep in mind that in some states, such as California, you can refuse to testify, though you might have to pay a fine ...

What is the reasonable doubt standard in domestic violence?

In a criminal case, the abuser has to be proven guilty "beyond a reasonable doubt.". The "reasonable doubt" standard is usually considered about 99 percent. That means the State would have to prove that there is a 99 percent chance that your abuser committed the domestic violence acts. In a civil case, however, ...

Can a battered spouse drop a domestic violence charge?

The answer is no. Once the prosecutor's office has issued a domestic violence charge, the victim has no authority to drop the charges.

Is domestic violence a crime?

Domestic violence is a crime. The process behind criminal charges is frequently misunderstood. Most people believe that victims of crime issue the charges. This is wrong. Crimes are governed by the State, and it's the State that issues criminal charges, not the victim. In other words, since you didn't issue the charge, you can't drop the charge.

Can you recant a case?

It's generally not a good idea to recant unless you have actually lied to authorities . Recanting won't necessarily force the State to drop the case, since the state can still prosecute the case using police reports, photographs, and other evidence. Also, if you recant, you could face criminal charges for falsifying information to law enforcement authorities and the court.

Can you get a restraining order against an abusive person?

You have protection options as well. You can try to get a restraining order against your abuser. Restraining orders can help provide for your safety, especially since some restraining orders will force your abuser to give up his or her guns for the duration. Also, depending on your state, you may be given the option to break your current lease early. If you're afraid of your abuser being released and hurting you again, you should look into this option so that you can find a place to live separately.