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Domestic violence is a devastating crime, one that destroys lives and tears apart families, with serious consequences that extend far beyond jail time and court costs. However, domestic violence incidents aren’t always as clear-cut as they may seem, and in some cases, the innocent party ends up getting arrested for domestic abuse, when they were only acting in self-defense or in defense of another person, such as a child. If you have been wrongfully accused of domestic violence in Vista, don’t hesitate to hire a knowledgeable criminal defense attorney to represent your case. Our domestic violence lawyers at San Diego Domestic Violence Attorney, have years of experience helping defendants fight charges for violent crimes like domestic abuse, and can help you defend your innocence in court. Call (619) 430-2355 today for a free domestic violence consultation.

Affordable Vista Domestic Violence Attorneys

The consequences of a domestic violence conviction can be long-lasting and can strip you of your most basic rights and freedoms, even in cases where the alleged victim suffered no injuries, and the criminal, civil and social penalties stemming from such a conviction can have a significant impact on the way you live the rest of your life. At San Diego Domestic Violence Attorney, we understand how important it is to build a strong defense in your Vista domestic violence case, and how difficult it can be to fight domestic abuse charges, and we pride ourselves on providing affordable, compassionate legal representation for domestic violence defendants in Vista and throughout San Diego County.

What is Domestic Violence?

The state of California defines domestic violence as a systematic pattern of abuse or threats of abuse occurring within the home, used by one person in a relationship to gain or maintain power or control over the other person. Reports of domestic violence in Vista most often involve physical abuse, but domestic violence can also be a pattern of emotional manipulation, sexual assault, or any other type of threatening, aggressive or violent behavior intended as a means of intimidation or coercion. Under California law, 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;
  • A domestic partner;
  • Someone who currently lives with you or previously lived with you;
  • Someone who has a child with you;
  • Your child; or
  • Someone related to you by blood or marriage

What is Penal Code § 273.5?

Penal Code § 273.5 PC is a law in California that makes it illegal to willfully inflict upon a spouse, cohabitant or co-parent, corporal injury resulting in a traumatic condition or visible physical injury.

What is Penal Code § 243(e)(1)?

Penal Code § 243 (e)(1) PC is a law in California that prohibits any willful and unlawful touching of an intimate partner that is harmful or offensive, even if the touching doesn’t result in any injury.

What are the Penalties for Domestic Violence?

Domestic violence incidents in Vista carry harsh penalties, many of which can affect the defendant for years to come. Penal Code § 273.5 PC is a “wobbler” in California, which means the prosecutor can elect to file the charge as a misdemeanor or felony, depending on the facts of the case and the defendant’s criminal record. As a misdemeanor, Penal Code § 273.5 PC carries a potential penalty of up to one year in a county jail, a maximum fine of six thousand dollars, or both. As a felony, Penal Code § 273.5 PC carries a potential penalty of two, three or four years in a California state prison, a maximum fine of six thousand dollars, or both. As a felony domestic violence offense, Penal Code § 273.5 PC may also be considered a “strike” offense under California’s Three Strikes sentencing law, which means a defendant with a previous felony conviction could face double the prison sentence otherwise required by law.

Penal Code § 243 (e)(1) PC, on the other hand, is always considered a misdemeanor domestic violence charge in California, and is punishable by up to one year in a county jail, a maximum fine of two thousand dollars, or both. Other serious penalties possibly resulting from a domestic violence conviction in Vista may include: a loss of gun rights, restrictions on child custody or visitation rights, a domestic violence restraining order, probation, mandatory contribution to a battered woman’s shelter, mandatory participation in a batterer’s treatment program, reimbursement to the victim for counseling or medical expenses, and a loss of certain employment and housing opportunities, among other consequences. Some other charges possibly related to a domestic violence charge may include child abuse, child endangerment, or elder or dependent adult abuse.

Domestic Violence Defense in Vista

Domestic abuse is considered a violent offense in California, and special rules apply when dealing with such a crime. Unfortunately, the law doesn’t always work the way it’s supposed to, and sometimes innocent people are faced with false allegations of domestic violence, which can follow them for the rest of their lives and have a significant impact on their personal, professional and social futures. That’s where our criminal defense attorneys come in. Our law firm specializes in domestic violence defense, and our lawyers have years of experience protecting the rights of individuals charged with violent crimes in Vista and throughout San Diego County, including intimate partner abuse. With a qualified domestic violence attorney on your side, you may be able to have your case dismissed or your charges reduced to a lesser offense.

Types of Domestic Violence

Domestic violence is a broad term, and in the state of California, domestic violence laws cover a wide range of behaviors that may be considered abusive, violent, aggressive, humiliating or threatening. The following are the main types of domestic violence and some examples of each:

  • Physical abuse – hitting, punching, biting, choking, pulling hair or kicking; preventing the other person from calling the police or seeking medical attention; harming your children; forbidding the other person from eating or sleeping; hurting the other person with weapons
  • Emotional abuse – humiliating the other person in any way, blaming the other person for the abuse; trying to isolate the person from family or friends; calling the other person names or continually insulting or criticizing them
  • Sexual abuse and coercion – holding the other person down during sex; forcing the other person to watch pornography; forcing the other person to dress in a sexual way; ignoring the other person’s feelings regarding sex
  • Digital abuse – tracking the other person’s activities using GPS; making the other person feel like they can’t miss a text or phone call for fear of being punished; frequently looking through the other person’s phone; sending negative or threatening emails or social media messages
  • Financial abuse – forbidding the other person from working; stealing money from the other person; refusing to give the other person money to pay for necessities; preventing the other person from having access to bank accounts
  • Reproductive coercion – lying about using birth control; removing birth control methods; continually keeping the other person pregnant; forcing the other person to not use birth control; forcing pregnancy and not supporting the other person’s decision about having the child

Free Domestic Violence Consultation in Vista

Domestic violence laws in California were enacted to protect the rights of victims of domestic violence, but the legal system is flawed and doesn’t always work the way it’s supposed to. As a result, innocent people sometimes end up facing charges of domestic abuse, often because they were falsely accused by another person, either due to malicious or misguided intentions. If you have been charged with domestic violence in Vista, contact our criminal defense attorneys at San Diego Domestic Violence Attorney, today to discuss your legal options.

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Office Location
Domestic Violence Attorney San Diego
3555 Fourth Ave, San Diego, CA 92103
Phone: (619) 304-4993
Domestic Violence Attorney Escondido
500 La Terraza Blvd. Suite 150,
Escondido, CA 92025
Phone: (760) 780-1330