North County Domestic Violence Attorney

Domestic violence is a pervasive and difficult problem. In San Diego County alone, more than 17,000 domestic violence incidents are reported to law enforcement each year, and thousands more aren’t reported at all. Unfortunately, another pervasive and difficult problem in San Diego County is the number of incidents that involve false allegations of abuse. Every time someone files false domestic violence charges in California, be it with malicious or misguided intentions, it exposes an innocent person to devastating criminal penalties, and also contributes to a potential backlash for real domestic abuse victims reporting violence. If you have been falsely accused of domestic abuse in North County, contact our experienced domestic violence attorneys at San Diego Domestic Violence Attorney, today for a free consultation.

Affordable North County Domestic Violence Attorney

The long-term consequences of a domestic violence conviction should not be taken lightly, and it is the top priority of our criminal defense attorneys at San Diego Domestic Violence Attorney, to protect the rights of domestic violence defendants in North County to the fullest extent of the law. We pride ourselves on providing affordable, qualified legal representation for defendants facing charges of spousal abuse or elder abuse, criminal protective orders, or any other type of domestic violence charge in North County, and will work tirelessly to improve the chances of your case being dismissed or your charges reduced to a lesser offense.

What is Domestic Violence?

Under California law, domestic violence is defined as a systematic pattern of abuse or threats of abuse used by one person in an intimate relationship to frighten, control, manipulate or gain power over another person. According to California Family Code Section 6211, in order to be considered domestic violence, the defendant and victim must be:

• Current or former spouses;
• Domestic partners;
• Current or former dating partners;
• Current or former cohabitants;
• A parent and child;
• Co-parents; or
• Close family relatives

What is Penal Code § 273.5?

California Penal Code § 273.5 PC, also known as Corporal Injury to a Spouse, is one of the most severe domestic violence laws in the state of California. Under this law, a person is prohibited from willfully inflicting upon a spouse, cohabitant or fellow parent, corporal injury resulting in a traumatic condition or visible physical injury.

What is Penal Code § 243(e)(1)?

A less serious offense is California Penal Code § 243(e)(1), also known as Domestic Battery, which makes it illegal for a person to touch his or her intimate partner in a way that is harmful or offensive, even if the touching doesn’t result in an injury.

What are the Penalties for Domestic Violence?

Under California law, Penal Code § 273.5 PC is a “wobbler,” which means the prosecutor can elect to file the charges as a misdemeanor or felony, depending on the facts of the case and the defendant’s criminal record. If the prosecutor files Corporal Injury to a Spouse as a misdemeanor, the possible penalties may include a maximum sentence of one year in a county jail, up to six thousand dollars in fines, or both. If the prosecutor elects to file the charge as felony domestic violence, the possible penalties may include two, three or four years in a California state prison, up to six thousand dollars in fines, or both. As a felony, Penal Code § 273.5 PC may also be considered a “strike” offense under California’s Three Strikes sentencing law, which allows for extended sentences for defendants with prior convictions for serious or violent felonies. California Penal Code § 243(e)(1) is always considered a misdemeanor offense and is punishable by up to one year in a county jail, a maximum fine of two thousand dollars, or both.

Domestic Violence Defense in North County

Serving a jail sentence and paying significant fines are devastating enough for individuals convicted on charges of domestic violence in North County, but the penalties don’t end there for individuals labeled “abusers.” Domestic violence carries a stigma that can follow you for the rest of your life, possibly affecting future employment and housing opportunities, and playing a role in more serious matters, such as child custody disputes. With a domestic violence conviction on your record, you may be prohibited from owning or possessing a firearm, or, if the victim gets a domestic violence restraining order, you may be court-ordered to stay away from and avoid contact with the victim and certain members of his or her family. You could even lose your professional licensing or be prohibited from obtaining certain new licenses. Fortunately, you may be able to avoid all of this if your attorney can get your domestic violence charges in North County reduced or dropped altogether. Some possible defense strategies for domestic violence cases include:

• Proving that you were falsely accused by the alleged victim
• Proving that the victim’s injuries were sustained in an accident
• Proving that you were acting in self-defense or in defense of another person, such as a child

Types of Domestic Violence

What we perceive as the “typical” domestic violence situation – a man using physical violence or force against his wife or girlfriend – isn’t the only type of abuse covered by California domestic violence laws. In North County, domestic violence may involve any of the following types of abuse:

Physical Abuse

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

Emotional Abuse

• Acting jealous or possessive
• Blaming the other person for the abuse
• Humiliating the other person in any way
• Demanding to know where the other person is at all times
• Trying to isolate the other person from family or friends
• Calling the other person names or continually criticizing or insulting them

Sexual Abuse and Coercion

• Hurting the other person with weapons or objects during sex
• Purposefully trying to pass on a sexually transmitted disease
• Forcing the other person to dress in a sexual way
• Holding the other person down during sex
• Ignoring the other person’s feeling regarding sex

Digital Abuse

• Using GPS or other technology to monitor the other person’s activities
• Stealing or insisting on being given the other person’s passwords
• Sending negative or threatening emails or social media messages
• Sending unwanted, explicit photos or videos and demanding the other person send some in return
• Frequently looking through the other person’s phone

Financial Abuse

• Forbidding the other person from working
• Stealing money from the other person
• Living in the other person’s home but refusing to contribute financially
• Giving the other person an allowance and closely monitoring their spending
• Preventing the other person from having access to bank accounts
• Refusing to give the other person money to pay for necessities or shared expenses

Reproductive Coercion

• Lying about using birth control
• Forcing pregnancy and not supporting the other person’s decision about having the child
• Withholding finances needed to purchase birth control
• Removing birth control methods
• Refusing to use birth control
• Continually keeping the other person pregnant

Free Domestic Violence Consultation in North County

The best way to avoid the devastating personal, professional and social consequences associated with domestic violence charges is to avoid a conviction, and having a knowledgeable criminal defense attorney represent your case can help you get the best possible outcome for your situation. If you are facing charges of domestic violence in North County, call San Diego Domestic Violence Attorney, today at (619) 430-2355 to discuss your legal options with one of our skilled criminal defense attorneys.