Oceanside Domestic Violence Lawyers

Domestic violence affects tens of millions of men, women and children in the United States every year, and in San Diego County alone, more than 17,000 domestic violence incidents are reported to law enforcement annually. No person should ever be made to feel unsafe or uncomfortable in their own home, and to protect the rights of domestic violence victims throughout the state, lawmakers in California have attached harsh penalties to crimes of domestic abuse. Unfortunately, these domestic violence laws are easily abused, and far too many people see filing false allegations of domestic violence against a current or former domestic partner as a way to win favor from the court, or to gain leverage in another dispute, such as divorce proceedings or a child custody case. If you have been falsely accused of domestic violence in Oceanside, don’t hesitate to protect your legal rights. Call our qualified lawyers at San Diego Domestic Violence Attorney, today for a free domestic violence consultation.

Affordable Oceanside Domestic Violence Lawyers

Hiring a knowledgeable domestic violence lawyer to represent your case is imperative if you want to protect your legal rights and avoid being stripped of your most basic freedoms because of a domestic violence conviction. Our criminal defense attorneys at San Diego Domestic Violence Attorney, pride themselves on providing domestic violence defendants in Oceanside and throughout San Diego County, affordable, compassionate legal representation for all types of domestic abuse charges. Contact San Diego Domestic Violence Attorney, today to protect yourself from the severe consequences of a domestic violence conviction in California.

What is Domestic Violence?

Domestic violence, also known as domestic abuse, intimate partner violence or relationship abuse, is a systematic pattern of abuse or threats of abuse used by one person in a relationship to intimidate, influence or coerce the other person. Domestic violence can include physical abuse, emotional manipulation, sexual assault, or any other type of threatening behavior used as a means of gaining or maintaining power or control over another person in a domestic setting. In Oceanside, you may face charges of domestic violence if you are accused of abusing one or more of the following parties:

• A current or former spouse;
• Someone you are currently dating or previously dated;
• Someone who currently lives with you or previously lived with you;
• A domestic partner;
• Someone who has a child with you;
• Your child; or
• Someone related to you by blood or marriage

What is Penal Code § 273.5?

Under California Penal Code § 273.5 PC, it is illegal for a person to willfully inflict corporal injury resulting in a traumatic condition or visible physical injury upon a spouse, cohabitant or co-parent. This crime is also called “Corporal Injury to a Spouse.”

What is Penal Code § 243(e)(1)?

Under CA Penal Code § 243(e)(1), it is illegal for a person to willfully touch an intimate partner or former intimate partner in a way that is offensive or harmful, even if the touching doesn’t result in any injury. This crime is also called “Domestic Battery.”

What are the Penalties for Domestic Violence?

Domestic violence is considered a serious crime in California, and the penalties associated with a domestic violence conviction are severe and long-lasting. For a misdemeanor conviction under Penal Code § 273.5 PC, for example, a defendant may face up to one year in a county jail, a maximum fine of six thousand dollars, or both. As a “wobbler,” Corporal Injury to a Spouse can be charged as either a misdemeanor or felony offense, depending on the defendant’s criminal record and the circumstances surrounding the case. If the prosecutor elects to file Penal Code § 273.5 PC charges as a felony domestic violence offense, a conviction may result in two, three or four years in a California state prison, up to six thousand dollars in fines, or both.

In the United States, intimate partner abuse is the most frequently reported form of domestic violence, and the most common misdemeanor domestic violence charge in the state of California is Penal Code § 243(e)(1). For a Domestic Battery conviction in Oceanside, a defendant may face up to one year in a county jail, a maximum fine of two thousand dollars, or both. However, there are a number of other penalties a domestic violence defendant may face upon conviction under Penal Code § 273.5 PC or Penal Code § 243(e)(1), possibly including a domestic violence restraining order, the loss of gun rights, restrictions on child custody or visitation, the loss of professional licensing, or mandatory participation in a batterer’s program. If the defendant is not a U.S. citizen, having a domestic violence conviction on his or her record could also result in deportation or a denial of naturalization.

Domestic Violence Defense in Oceanside

Facing charges of domestic violence in Oceanside can be scary and confusing, and the penalties resulting from a domestic violence conviction can be devastating, which is why having an experienced criminal defense attorney on your side is imperative. Our domestic violence lawyers at San Diego Domestic Violence Attorney, have years of experience protecting the rights of individuals charged with crimes in Oceanside and throughout Southern California, and have the tools and resources necessary to build the strongest possible defense in your case. Our attorneys, for example, can call on experts to comment on the circumstances of your case, as well as character witnesses to prove that you have no history of violence or abuse, and this type of testimony can significantly improve your chances of having your case dismissed or the charges reduced.

Types of Domestic Violence

Physical abuse accounts for a large percentage of domestic violence incidents in California, but there are many other types of abuse that may be punishable as misdemeanor or felony offenses under California domestic violence laws. The following are some of the most common types of domestic violence in Oceanside and some examples of each:

• Physical abuse – punching, kicking, hitting, slapping, biting or choking; forbidding the other person from eating or sleeping; harming your children; hurting the other person with weapons, forcing the other person to use alcohol or drugs
• Emotional abuse – acting jealous or possessive, blaming the other person for the abuse, humiliating the other person in any way; trying to isolate the other person from friends or family; calling the other person names or continually insulting them
• Sexual abuse and coercion – forcing the other person to dress in a sexual way; ignoring the other person’s feelings regarding sex; forcing the other person to watch pornography; purposefully trying to pass on a sexually transmitted disease
• Financial abuse – preventing the other person from having access to bank accounts; forbidding the other person from working; refusing to give the other person money to may for necessities; living in the other person’s home but refusing to work
• Digital abuse – sending negative, insulting or threatening emails or social media messages; using GPS to monitor the other person’s activities; stealing or insisting on being given the other person’s passwords; frequently looking through the other person’s phone
• Reproductive coercion – lying about using birth control; monitoring the other person’s menstrual cycle; removing birth control methods; continually keeping the other person pregnant; refusing to use birth control

Free Domestic Violence Consultation in Oceanside

The best way to avoid the lifelong consequences of a domestic violence crime is to avoid a conviction, and our criminal defense attorneys at San Diego Domestic Violence Attorney, have more than 40 years of combined experience fighting charges of domestic violence and other crimes in San Diego County. If you are facing charges of domestic abuse in Oceanside, contact our reputable domestic violence lawyers today to explore your legal options. With our attorneys on your side, you can build a strong defense in your case and ensure that your legal rights are protected throughout the process.