Point Loma Domestic Violence Attorneys

Domestic violence is a serious problem that affects thousands of people in San Diego County alone, and cases involving domestic abuse are often tense and emotionally charged. Even in situations where an altercation results in accidental injuries, or a person acts in self-defense during a mutual struggle, emotions run high, the facts are misunderstood, and the police get called, which typically results in an arrest. False allegations of domestic violence happen more often than you might think, and the consequences can be devastating for the innocent person who ends up facing charges of domestic abuse. If you have been wrongfully accused of domestic violence in Point Loma, our knowledgeable criminal defense attorneys at San Diego Domestic Violence Attorney, can help. Call our firm today at (619) 430-2355 for a free domestic violence defense consultation.

Affordable Point Loma Domestic Violence Attorney

A domestic violence conviction can ruin your life, tear apart your family, strip you of your most basic rights and freedoms, and have a significant adverse impact on future prospects regarding employment, housing and professional licensing. If you are convicted on charges of domestic violence, you may be prohibited from owning or possessing a gun. If the victim requests a domestic violence restraining order against you, you may be forbidden from contacting or going anywhere near the victim and certain members of his or her family for years to come. All of this, and you’ll also have a domestic violence conviction on your record, which you may have a hard time getting expunged. If you are facing charges of domestic violence in Point Loma, don’t leave your future up to the whims of the court. Contact our affordable and experienced Point Loma domestic violence attorneys at San Diego Domestic Violence Attorney for help.

What is Domestic Violence?

Under California law, domestic violence is defined as a pattern of abuse that occurs within the home, characterized by aggressive, violent or threatening behavior used by one person in a relationship to gain power or control over the other. Domestic violence may also be referred to as domestic abuse, relationship abuse or intimate partner violence, and contrary to what we perceive as the “typical” domestic violence situation – a man committing abuse against a woman – anyone can be a victim of domestic violence, regardless of their sex, age, marital status, race, education or position within the family. California Family Code Section 6211 categorizes the parties protected under the state’s domestic violence statutes, which, depending on your situation may include:

• A current or former spouse;
• A current or former dating partner;
• A domestic partner;
• A current or former cohabitant;
• A co-parent;
• Your child; or
• A close family relative.

What is Penal Code § 273.5?

California Penal Code § 273.5 PC, also known as Corporal Injury on a Spouse or Cohabitant, makes it illegal for a person to willfully inflict corporal injury on a spouse, cohabitant or fellow parent resulting in a traumatic condition or visible physical injury, such as a bruise, broken bone or internal bleeding.

What is Penal Code § 243(e)(1)?

CA Penal Code § 243(e)(1), also known as Domestic Battery, is a lesser offense, and prohibits any willful and unlawful touching of an intimate partner that is offensive or harmful, even if the touching doesn’t result in any injury.

What are the Penalties for Domestic Violence?

Domestic violence is considered a serious offense in Point Loma, and the penalties resulting from a domestic abuse conviction are severe. Penal Code § 273.5 PC is a “wobbler” offense under California law, which means it can be prosecuted as a misdemeanor or felony, depending on the defendant’s criminal record and the circumstances surrounding the case. As a misdemeanor, Corporal Injury on a Spouse or Cohabitant is punishable by a maximum fine of six thousand dollars, a potential sentence of up to one year in a county jail, or both. As a felony domestic violence offense, the same crime is punishable by a maximum fine of six thousand dollars, a potential sentence of two, three or four years in a California state prison, or both. Plus, as a felony, Penal Code § 273.5 PC is considered a “strike” offense under California’s Three Strikes sentencing law, which means you could face twice the sentence otherwise required by law if you have a previous felony conviction on your record. Penal Code § 243(e)(1) is a misdemeanor, and, as a lesser offense, carries penalties that are less severe. If you are convicted of misdemeanor Domestic Battery in Point Loma, you may face a potential sentence of up to one year in a county jail, a maximum fine of two thousand dollars, or both.

Domestic Violence Defense in Point Loma

The best way to avoid the penalties associated with domestic violence in Point Loma is to avoid a conviction, and our knowledgeable criminal defense lawyers at San Diego Domestic Violence Attorney, can help you do just that. Our attorneys have the tools and resources necessary to help you build a strong defense in your case and will work tirelessly to protect your legal rights in court. A criminal defense lawyer can, for example, call in experts to comment on the circumstances surrounding the case, as well as character witnesses to show that you are not a violent or aggressive person. This type of testimony can help establish reasonable doubt in your case, which may be all you need to have the charges against you dismissed or reduced to a non-violent offense with significantly less severe penalties.

Types of Domestic Violence

The type of domestic violence incidents we hear about most often involve physical abuse, but there are many different kinds of abuse that can result in domestic violence charges in Point Loma. The following are the various types of abuse covered under California domestic violence statutes, and some examples of each:

• Physical abuse – physically harming someone by hitting them, forcing them to use drugs or alcohol, hurting them with weapons, forbidding them from eating or sleeping, or driving recklessly with them in the car
• Emotional abuse – harming someone emotionally by continually criticizing them, calling them names, blaming them for the abuse, isolating them from friends and family, acting jealous or possessive, or punishing them by withholding affection
• Sexual abuse and coercion – harming someone sexually by holding them down during sex, forcing them to dress in a sexual way, ignoring their feelings regarding sex, manipulating them into having sex, or forcing them to watch pornography
• Reproductive coercion – harming someone reproductively by lying about using birth control, continually keeping them pregnant, forcing pregnancy and not supporting their decision about having a child, removing birth control methods, or refusing to use birth control
• Financial abuse – harming someone financially by stealing money from them, forbidding them from working, giving them an allowance and monitoring their finances, preventing them from having access to bank accounts, or living in their home but refusing to contribute financially
• Digital abuse – harming someone using digital means by sending negative or insulting emails or social media messages, making them feel like they can’t miss a phone call or text for fear of being punished, tracking their activities with GPS, or sending explicit photos or videos and demanding they send some in return

Free Domestic Violence Consultation in Point Loma

Domestic violence is a serious public health issue that defies all boundaries of age, race, sex, religion, nationality and socioeconomic status, and the public outcry against domestic violence has resulted in strict laws and harsh criminal penalties in Point Loma and throughout California, which are intended to protect victims of domestic abuse. All too often though, ex-spouses, co-parents or intimate partners take advantage of the system and file false accusations of domestic violence, either out of anger for perceived wrongdoing or to gain favor from the court in another dispute, such as divorce proceedings or a child custody case. If you have been wrongfully accused of domestic violence in Point Loma, your best course of action is to hire a reputable criminal defense attorney to represent your case. Our Point Loma domestic abuse lawyers at San Diego Domestic Violence Attorney, have years of experience protecting defendants falsely accused of violent crimes, and can help you build a strong defense in your case.