Chula Vista Domestic Violence Attorney

International law requires that California and other U.S. states exercise due diligence to reduce the incidence of domestic violence, and as such, domestic violence convictions in Chula Vista are subject to mandatory minimum sentencing guidelines. Domestic violence typically involves physical abuse, but under California law, domestic violence can also involve behavior that is emotionally, sexually or financially abusive, harmful, oppressive or controlling. All forms of domestic violence are considered serious offenses in Chula Vista, and if you are convicted of such a crime, you will likely face harsh penalties. If you have been accused of domestic violence in Chula Vista, your best course of action is to hire a knowledgeable criminal defense attorney with experience handling domestic abuse cases in California. Our lawyers at San Diego Domestic Violence Attorney, will work tirelessly to protect your legal rights and defend your case to the fullest extent of the law.

Affordable Chula Vista Domestic Violence Attorney

In the state of California, domestic abuse is considered a violent offense, and few people charged with domestic violence, from then on labeled an “abuser,” ever recover their reputations. Domestic violence charges can be brought against you by a current or former spouse, a domestic partner, someone you are dating or have dated in the past, someone who currently lives with you or previously lived with you, your child, your child’s parent, or anyone else closely related to you by blood or marriage. There is no excuse for domestic violence, and no one should ever be made to feel unsafe or uncomfortable in their own home. However, there are far too many instances where false accusations of domestic violence are made by someone seeking revenge or hoping to gain leverage over the other person in a child custody case, among other reasons. Our criminal defense attorneys at San Diego Domestic Violence Attorney, are committed to providing compassionate and affordable domestic violence representation in Chula Vista, and will help you build a strong defense in your case.

What is Domestic Violence

Domestic violence, sometimes referred to as domestic abuse, intimate partner violence, or relationship abuse, is a systematic pattern of abuse or threats of abuse that occurs within the home, between intimate partners or close family members, and usually involves one person attempting to control, coerce, manipulate or influence another person. Domestic violence is most often characterized by physically aggressive or violent behavior, such as pushing, hitting, punching, choking, slapping or pulling hair, but there are other types of abuse that can constitute domestic violence in Chula Vista, including emotional abuse, sexual abuse and coercion, reproductive coercion, digital abuse and financial abuse.

What is Penal Code § 273.5?

California Penal Code § 273.5 is a law that makes it illegal to willfully inflict “corporal injury on a spouse or cohabitant.” In order for a domestic violence incident to fall under Penal Code § 273.5, the victim must be an intimate partner or close family member (a current or former spouse, cohabitant, fiancé, boyfriend, or girlfriend, or the parent of the defendant’s child) and must sustain a “traumatic condition,” or visible injury.

What is Penal Code § 243(e)(1)?

California Penal Code § 243(e)(1) PC is defined as domestic battery, or any willful and unlawful touching of an intimate partner that is harmful or offensive. Unlike Penal Code § 273.5, Penal Code § 243(e)(1) does not require that the victim suffer any injuries, only that the defendant use “violence” or “force” against him or her.

What are the Penalties for Domestic Violence?

Penal Code § 273.5 is what’s known as a “wobbler” in California, meaning the prosecutor can choose to file the charge as a misdemeanor or felony offense, depending on the defendant’s criminal record and the circumstances surrounding the incident. As a misdemeanor offense, Penal Code § 273.5 carries a possible penalty of up to one year in a county jail and/or a maximum fine of six thousand dollars. As a felony offense, it carries a possible penalty of two, three or four years in a California state prison and/or a fine of up to six thousand dollars. The lesser of the two offenses, Penal Code § 243(e)(1) is considered a misdemeanor, and carries less severe penalties. A conviction under Penal Code § 243(e)(1) is punishable by a maximum sentence of one year in a county jail and a fine of up to two thousand dollars.

Domestic Violence Defense in Chula Vista

Being convicted of domestic violence in Chula Vista comes with serious penalties that can follow a person for the rest of his or her life, long after the court-ordered sentence is served. In addition to possible jail time and significant fines, a domestic violence conviction may also result in mandatory counseling, community service, probation, restitution payments, and/or a restraining order or no-contact order with the victim. The stigma of domestic violence alone is enough to permanently affect an individual’s personal, professional and social life, and if you have been charged with a domestic violence offense, it could affect your ability to apply for housing, get a job, have custody of your kids, and other consequences. What’s more, a domestic violence conviction will go on your permanent record, which means any time someone runs a background check on you, they will see the conviction on your record. If you are charged with a felony domestic violence offense, you may lose the ability to have the charge expunged, and the offense will count as a “strike” under California’s Three Strikes sentencing law, which significantly increases the prison sentences of individuals with a felony conviction who have been previously convicted of two or more serious felonies or violent crimes.

Types of Domestic Violence

Generally, the law in California defines domestic violence as: physically hurting or trying to hurt another person, intentionally or recklessly; aggressive or threatening behavior, like stalking, harassing or hitting the other person; sexual assault; making the other person reasonably afraid for their safety or someone else’s safety; disturbing the other person’s peace; or destroying the other person’s personal property. The following are the types of abuse covered under California’s domestic violence laws, and some examples of what constitutes each type of abuse:

• Physical abuse – Slapping, punching, biting, choking, harming your children, forbidding the other person from eating or sleeping, forcing the other person to use drugs or alcohol
• Emotional abuse – Acting jealous or possessive, trying to isolate the other person from family or friends, humiliating the other person in any way, calling the other person names or continually criticizing or insulting them
• Financial abuse – Closely monitoring the other person’s spending, stealing money from them, forbidding them from working, refusing to give them money for necessities or shared expenses
• Digital abuse – Sending negative or threatening emails, text messages or phone calls, using GPS to track the other person, sending unwanted, explicit photos or videos and asking for the same in return
• Sexual abuse and coercion – Forcing the other person to dress in a sexual way, giving them drugs or alcohol to reduce their inhibitions, forcing or manipulating them into having sex or performing sexual acts, forcing them to watch pornography
• Reproductive coercion – Lying about using birth control, refusing to use birth control, forcing pregnancy, continually keeping the other person pregnant, monitoring the other person’s menstrual cycles

Free Domestic Violence Consultation in Chula Vista

The best way to keep your record clean and protect yourself from the long-lasting consequences of domestic violence charges is to avoid a conviction, and that can be accomplished by having an experienced domestic violence attorney on your side who can convince the judge to reduce your charges to a lesser offense or dismiss the case altogether. If you or a loved one is facing charges of domestic violence in Chula Vista, enlisting the help of a criminal defense attorney can significantly improve your chances of a favorable outcome in court. Don’t leave your future up to the whim of the judge hearing your case; contact our domestic violence defense lawyers at San Diego Domestic Violence Attorney, today by calling (619) 430-2355 for a free consultation.