El Cajon Domestic Violence Lawyers

Domestic violence is the number one cause of injury to women, and every year, nearly 20 men and women are physically abused by an intimate partner every minute in the United States, which equates to approximately 10 million victims of domestic violence annually. As serious as domestic violence is, and as important as it is to reduce the incidence of domestic abuse in El Cajon and throughout California, no one falsely accused of such abuse should be made to face the severe consequences of a domestic violence conviction. If you have been falsely accused of domestic violence in El Cajon, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, right away. Our lawyers will work tirelessly to represent your innocence to the fullest extent of the law, and will ensure that your legal rights are protected throughout the duration of your case.

Affordable El Cajon Domestic Violence Lawyer

Facing charges of domestic violence in El Cajon can be scary and confusing, and all too often, innocent people go to jail for acts of domestic violence they didn’t commit. That’s where a domestic violence defense lawyer comes in. Our attorneys at San Diego Domestic Violence Attorney, have a combined 40 years of experience in the field of criminal law, and are committed to providing affordable, knowledgeable criminal defense representation in El Cajon and throughout Southern California and San Diego County. If you have been accused of domestic violence and you want to continue enjoying your personal freedoms and protect your legal rights and reputation, hire our criminal defense attorneys to represent your case.

What is Domestic Violence?

Under California law, domestic violence is defined as a systematic pattern of behavior that involves violence or other abuse by one person against another person in his or her household, including a current or former spouse, a domestic partner, a current or former dating partner, a current or former cohabitant, a co-parent, a child, or a close family relative. Domestic violence includes the use of physical abuse, sexual violence, emotional abuse, threats, intimidation and economic deprivation, in an attempt to control, manipulate, coerce or gain power over another person, and depending on the nature of the abuse, may be considered a misdemeanor or felony offense in El Cajon.

What is Penal Code § 273.5?
California Penal Code § 273.5 PC is a domestic violence law that makes it illegal to willfully inflict upon a spouse, fellow parent or cohabitant, “corporal injury” that results in a traumatic condition or a visible physical injury.

What is Penal Code § 243(e)(1)?
The less serious crime of domestic battery is covered under California Penal Code § 243(e)(1) PC, which involves any willful and unlawful touching of an intimate partner that is offensive or harmful. CA Penal Code § 243(e)(1) does not require that the victim suffer any visible injuries, only that the defendant use violence or threats of violence against the victim.

What are the Penalties for Domestic Violence?

Considered a serious violent offense in El Cajon, domestic violence carries harsh penalties upon conviction, including but not limited to time in jail, significant fines and the social stigma that comes with intimate partner abuse. Penal Code § 273.5 PC is considered a “wobbler” offense in California, which means the prosecutor can elect to file charges as either a misdemeanor or a felony, depending on the circumstances of the case. If charged as a misdemeanor, a conviction under California Penal Code § 273.5 PC carries a potential sentence of up to one year in county jail, up to six thousand dollars in fines, or both. As a felony domestic violence offense, Penal Code § 273.5 is punishable by two, three or four years in California state prison, a fine of up to six thousand dollars, or both. Penal Code § 243(e)(1), on the other hand, is considered a lesser offense, punishable by up to one year in county jail and up to two thousand dollars in fines.

Domestic Violence Defense in El Cajon

Once you have been accused of domestic violence and the prosecutor files charges, it is nearly impossible to get the charges dropped without going to court. Having a domestic violence conviction on your record is something that can affect the rest of your life – personally, professionally and socially – which is why hiring an experienced domestic violence attorney to represent your side of the story in court is imperative to the success of your case. Among the possible defenses your attorney can use to fight your domestic violence charges in El Cajon are:

• Self-defense – If you acted in defense of yourself or another person, your alleged abuse may not constitute domestic violence.
• False accusations – If the domestic violence accusations against you are false, you may be able to use this as a defense in court.
• Accidental injuries – If the injuries the victim sustained were caused by an accident, you may be able to get your case dismissed.

Types of Domestic Violence

When we hear about a case of domestic violence, we typically assume automatically that one person physically abused another. While this may be the most common scenario, there are many different types of abuse that, under California law, may constitute domestic violence, including the following:

Physical Abuse

• Hurting the other person with weapons
• Punching, slapping, biting, kicking, choking or pulling hair
• Harming your children
• Preventing the other person from eating or sleeping
• Driving recklessly or dangerously with the other person in the car
• Forcing the other person to use alcohol or drugs
• Preventing the other person from calling the police or getting medical care
• Abandoning the other person in an unfamiliar place

Emotional Abuse

• Acting jealous or possessive
• Isolating the other person from friends or family
• Blaming the other person for the abuse
• Punishing the other person by withholding affection
• Threatening to hurt the other person, your children or your pets
• Humiliating the other person in any way
• Demanding to know where the other person is at every minute

Sexual Abuse and Coercion

• Holding the other person down during sex
• Forcing the other person to dress in a sexual way
• Giving the other person drugs or alcohol to reduce their inhibitions
• Purposefully trying to pass on a sexually transmitted disease
• Forcing the other person to watch pornography
• Hurting the other person with weapons or objects during sex
• Forcing the other person to have sex or perform sexual acts

Reproductive Coercion

• Lying about using birth control
• Refusing to use birth control
• Monitoring the other person’s menstrual cycles
• Continually keeping the other person pregnant
• Withholding money needed to purchase birth control
• Removing birth control methods

Digital Abuse

• Sending unwanted, explicit photos or videos and demanding the same in return
• Sending negative, insulting or threatening emails or social media messages
• Stealing or insisting on being given the other person’s passwords
• Constantly looking through the other person’s phone
• Monitoring the other person’s activities with GPS
• Telling the other person who they can and can’t be friends with on social media

Financial Abuse

• Giving the other person an allowance and closely monitoring their spending
• Stealing money from the other person
• Living in the other person’s home but refusing to work or help with finances
• Forbidding the other person from working
• Refusing to give the other person money for necessities

Free Domestic Violence Consultation in El Cajon

Domestic violence in El Cajon doesn’t always involve physical abuse. Verbal threats of physical violence or a pattern of threatening or harassing behavior that you are accused of using to control or influence someone in your household may also constitute domestic violence, and anyone you have an intimate relationship with, or had an intimate relationship with in the past, or even a close family relative, can file a complaint of domestic abuse against you or obtain a domestic violence restraining order against you. If you or a loved one is facing charges of domestic violence in El Cajon, it’s imperative that you hire an experienced criminal defense attorney to represent your case. Having a knowledgeable lawyer on your side to protect your rights in court and ensure that your side of the story is heard can significantly improve your chances of having the charges dropped or reduced to a nonviolent offense. Contact our domestic violence defense lawyers at San Diego Domestic Violence Attorney, today for a free consultation.