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Domestic violence is a broad term that covers any type of abuse or threat of abuse occurring in a domestic setting, and the state of California has strict laws in place prohibiting domestic violence and protecting the rights of those abused by intimate partners and other members of their household. Sadly, there are some people who try to take advantage of these laws by filing false allegations of domestic violence, and there are even some cases where an abuse victim acting in self-defense ends up being arrested for domestic violence. This is where a domestic violence defense lawyer comes in. Our attorneys at San Diego Domestic Violence Attorney, have years of experience protecting the rights of individuals facing charges of domestic violence and other violent crimes in Santee, and may be able to help you get your charges dropped or reduced to a lesser offense. For more information about domestic violence defense in Santee, contact San Diego Domestic Violence Attorney today at (619) 430-2355.
Affordable Santee Domestic Violence Lawyers
Domestic violence laws in California were put in place to protect the rights of victims of intimate relationship abuse and other types of domestic violence. However, the immediate benefits and protections that domestic violence restraining orders and other court orders provide individuals alleging abuse make the system easily manipulated, and all too often, a co-parent hoping to win a custody dispute or an ex-spouse seeking the favor of the court during divorce proceedings may file false allegations of abuse against an innocent person. Our domestic violence lawyers at San Diego Domestic Violence Attorney, understand how wholly being wrongfully accused of domestic abuse can affect a person’s life, and we pride ourselves on providing quality, affordable legal representation for domestic violence defendants in Santee and throughout San Diego County.
What is Domestic Violence?
In California, domestic violence is characterized by abuse or threats of abuse used by one person to gain or maintain power or control over another person in a domestic setting, and while physical abuse is the most frequently reported form of domestic violence in California, the abuse or threats of abuse can also be emotional, sexual, financial, digital or reproductive. According to Family Code Section 6211, the following parties are protected under California domestic violence laws:
- Current and former spouses;
- Domestic partners;
- Someone you are currently dating or previously dated;
- Someone who currently lives with you or previously lived with you;
- Someone who has a child with you;
- Your children; and
- Close family members.
What is Penal Code § 273.5?
California Penal Code § 273.5 PC is a state law that makes it illegal to willfully inflict corporal injury resulting in a traumatic condition or visible physical injury on a spouse, cohabitant or fellow parent.
What is Penal Code § 243(e)(1)?
California Penal Code § 243 (e)(1) PC is a law that makes it illegal to willfully and unlawfully touch an intimate partner in a way that is harmful or offensive, even if the touching doesn’t result in any injury.
What are the Penalties for Domestic Violence?
There are many different types of domestic violence laws in the state of California, all of which seek to prevent violence in intimate relationships and domestic settings, and the penalties stemming from a domestic violence conviction can vary depending on the severity of the crime. California Penal Code § 273.5 PC, for instance, is a “wobbler” in California, which means it can be prosecuted as either a misdemeanor or felony offense, based on the facts of the case and the defendant’s criminal record. If you are facing misdemeanor charges under Penal Code § 273.5 PC, penalties may include up to six thousand dollars in fines, a maximum sentence of one year in a county jail, or both. If you are facing felony charges under the same penal code, penalties may include up to six thousand dollars in fines, two, three or four years in a California state prison, or both. Penal Code § 243 (e)(1) PC, on the other hand, is always prosecuted as a misdemeanor in California, and is punishable by up to two thousand dollars in fines, a maximum sentence of one year in a county jail, or both.
Domestic Violence Defense in Santee
In addition to jail time and significant fines, there are other criminal penalties a defendant convicted on charges of domestic violence in Santee may face, and there are also significant personal, professional and social consequences associated with domestic violence charges. For instance, having a domestic violence conviction on your record can have an effect on where you can live, what types of jobs and professional licensing you can get, and whether or not you can own a gun, and can even have a bearing on your ability to have custody of your children. Our domestic violence lawyers at San Diego Domestic Violence Attorney, understand the devastating impact a domestic violence conviction in Santee can have on nearly every aspect of your life, and we have the tools and resources necessary to help you get your charges reduced or dropped altogether.
Types of Domestic Violence
When you hear about a domestic violence incident, you probably automatically assume that physical abuse was involved, as this is the type of domestic violence most commonly reported in California and across the country. However, there are many different types of abusive or threatening behavior that may constitute domestic violence under California law, including the following:
- Physical abuse – Physically harming someone by punching, slapping, biting, choking or kicking them; forcing them to use drugs or alcohol; forbidding them from eating or sleeping; or preventing them from calling the police or seeking medical attention.
- Emotional abuse – Emotionally harming someone by calling them names or continually criticizing them; demanding to know where they are at every minute; acting jealous or possessive; or trying to isolate them from friends or family.
- Sexual abuse or coercion – Harming someone sexually by ignoring their feelings regarding sex; intentionally trying to pass on a sexually transmitted disease; holding them down during sex; or giving them drugs or alcohol to reduce their inhibitions.
- Reproductive coercion – Harming someone reproductively by lying about using birth control; forcing them to not use birth control; removing birth control methods; continually keeping them pregnant; or withholding finances needed to purchase birth control.
- Digital abuse – Harming someone with digital means by sending them negative, insulting or threatening emails or social media messages; stealing or insisting on being given their passwords; using GPS to monitor their activities; or sending unwanted, explicit photos or videos and demanding they send some in return.
- Financial abuse – Harming someone financially by forbidding them from working; stealing money from them; refusing to give them money to pay for necessities or shared expenses; or living in their home but refusing to contribute financially.
Free Domestic Violence Consultation in Santee
California laws prohibiting abuse in domestic settings are pretty cut and dry as far as who can and can’t be arrested for such a crime, but domestic violence cases in Santee can quickly become tremendously complicated, especially if the family situation is emotionally turbulent, or if the defendant is facing additional charges associated with the alleged domestic violence, such as child endangerment, child abuse or a restraining order violation. These charges can not only result in significant legal and financial consequences, such as jail time and court costs, they can also keep you from seeing your children, or prevent you from owning a gun or getting a job. If you are facing charges of domestic violence in Santee, don’t leave your future up to the court. Contact our knowledgeable criminal defense attorneys at San Diego Domestic Violence Attorney, as soon as possible to begin building a strong defense in your case.



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