Carlsbad Domestic Violence Lawyer

Carlsbad Domestic Violence Attorney

Domestic violence is a terrible tragedy and a domestic violence conviction can tear families apart. However, in many cases, claims of domestic abuse are fabricated or injury inflicted on one person by another is unintentional. Unfortunately, once charges of domestic violence are brought in court, they can be extremely difficult to have dismissed without the help of a qualified Carlsbad domestic violence defense attorney. If you or a loved one has been charged with domestic violence in Carlsbad, don’t hesitate to hire a criminal defense attorney to represent your case. Our domestic violence lawyers at San Diego Domestic Violence Attorney, are committed to protecting the rights of individuals charges with domestic violence in Carlsbad, and can work towards getting your charges reduced or dropped altogether.

Affordable Carlsbad Domestic Violence Lawyer

Our Carlsbad domestic violence attorneys are committed to protecting the rights of individuals in Carlsbad and throughout California who have been falsely accused of domestic violence, by intimate partners or family members hoping to gain leverage in a child custody dispute, or seeking revenge for perceived wrongdoing, among other possible scenarios. Our criminal defense attorneys understand how devastating a domestic violence conviction can be, and how the stigma of domestic violence can follow a person for the rest of his or her life, and pride themselves on offering knowledgeable, affordable legal advice and representation. If you have been falsely accused of domestic violence, or if you have been arrested for violating the terms of a domestic violence restraining order, our lawyers will work tirelessly to protect your legal rights and help you build a strong defense in your case.

What is Domestic Violence?

Domestic violence occurs when one person uses abuse or threats of abuse to control, influence, manipulate or gain power over someone with whom they have a close relationship. There are many different kinds of abuse that can constitute domestic violence, including physical abuse, emotional abuse, sexual abuse and coercion, reproductive coercion, financial abuse and digital abuse. Domestic violence typically involves two people in an intimate relationship (married, dating or living together), but can also involve a former spouse, someone you used to date, someone who used to live with you, someone you have a child with, or someone closely related to you by marriage or blood (a parent, child, grandparent, sibling or in-law). According to domestic violence laws in California, domestic abuse is:

• Physically harming or trying to harm someone, intentionally or recklessly;
• Aggressive or threatening behavior, like stalking, harassing or hitting someone; disturbing someone’s peace; or destroying someone’s personal property;
• Sexual assault; or
• Making someone reasonably afraid that they or someone else will be seriously hurt.

What is Penal Code § 273.5?

California Penal Code § 273.5 PC is a law that makes it illegal to willfully inflict serious injury upon a spouse, cohabitant or fellow parent. This type of crime may be alternatively referred to as corporal injury on a spouse, domestic violence, domestic abuse, spousal abuse, willful infliction of corporal injury, and/or intentional infliction of corporal injury, and it differs from the less serious domestic battery offense detailed below, in that it requires that the victim suffer a traumatic condition or visible physical injury. Penal Code § 273.5 PC is a “wobbler” in California, which means it can be prosecuted as a misdemeanor or felony offense, depending on the defendant’s criminal record and the circumstances of the case.

What is Penal Code § 243(e)(1)?

Under California Penal Code § 243(e)(1) PC, domestic battery, also known as spousal battery, is defined as any willful and unlawful touching that is harmful and offensive, and that is committed against someone with whom the defendant has an intimate relationship or to whom the defendant is related by marriage or blood. Unlike Penal Code § 273.5, Penal Code § 243(e)(1) doesn’t require that the victim suffer a traumatic condition or visible physical injury, or any injury at all, only that the defendant use force or violence against the victim.

What are the Penalties for Domestic Violence?

When you harm or threaten to harm an intimate partner or a member of your household, you violate California’s domestic violence laws and may face criminal charges as a result. If it is prosecuted as a misdemeanor, Penal Code § 273.5 carries a potential sentence of up to one year in county jail and/or a maximum fine of $6,000. If it is prosecuted as a felony, a corporal injury conviction may result in a penalty of two, three or four years in California state prison, plus five additional years for inflicting “great bodily injury.” Domestic battery, Penal Code § 243(e)(1), is a misdemeanor domestic violence offense in California, punishable by up to $2,000 in fines and a maximum sentence of one year in a county jail.

There are a number of other penalties besides fines and jail time that may stem from a domestic violence conviction in Carlsbad, including mandatory counseling, community service, probation, anger management or abuse classes, and payments to the victim or battered women’s organizations. Defendants who are not U.S. citizens may also face immigration consequences as a result of their conviction, including deportation. If an officer is called to the scene of a domestic dispute in Carlsbad, he or she may call a judge for an emergency protective order, which may turn into a temporary restraining order or a permanent restraining order, depending on the circumstances of the case. Violating a domestic violence restraining order is a criminal offense, punishable by jail time, a significant fine, or both.

Domestic Violence Defense in Carlsbad

Domestic violence is a serious crime that is punished harshly under California law, and hiring an attorney with experience defending domestic violence cases is critical to improving your chances of a favorable outcome in court. There are a number of possible defenses that can work in your favor if your domestic violence case goes to trial, including the following:

• Self-defense – If you acted in self-defense or in defense of another person, such as a child, you may be able to get your case dismissed.
• False accusations – If the accusations against you are false, you may be able to use this as a defense in court.
• Unintentional injuries – If the victim sustained injuries as a result of an accident, this does not constitute domestic violence and is not a crime.

Types of Domestic Violence

Most people assume domestic violence to be the physical abuse of one partner against another, and while this is the most common type of domestic abuse in Carlsbad and across the United States, there are various types of abuse that can be prosecuted as domestic violence, including:

• Physical abuse – Hitting, slapping, pulling hair, kicking, choking, forcing the other person to use drugs or alcohol
• Emotional abuse – Calling the other person names, insulting them or criticizing them, acting jealous or possessive, humiliating the other person
• Sexual abuse and coercion – Holding the other person down during sex, forcing them to dress in a sexual way, pressuring the other person to have sex
• Reproductive coercion – Refusing to use a condom or birth control, lying about using birth control, continually keeping the other person pregnant
• Financial abuse – Closely monitoring the other person’s spending, stealing money from the other person, keeping the other person from working
• Digital abuse – Sending threatening or insulting messages, using GPS to monitor the other person’s activities, frequently looking through the other person’s phone

Free Domestic Violence Consultation in Carlsbad

Domestic violence doesn’t always come in the form of physical abuse. It can also be verbal threats of physical violence or a pattern of harassing behavior that you inflict upon someone with whom you have a close relationship. If you are facing misdemeanor or felony charges of domestic violence in Carlsbad, it’s important that you understand these charges and recognize how a domestic violence conviction can affect the rest of your life. For more information about domestic violence defense in Carlsbad, contact our criminal defense attorneys at Carlsbad Domestic Violence Attorney, today to explore your legal options.