- San Diego Domestic Violence Lawyer, Laws, Defense Strategies, and More
- What Is Considered San Diego Domestic Violence?
- Typically Prosecution Process
- Consequences Of A Domestic Violence Conviction
- Possible Defense Strategies Your Lawyer Can Use
- Should I Hire A Private San Diego Lawyer or Public Defender
- How To Choose a Domestic Violence Lawyer
- San Diego Domestic Violence Attorneys Near You Free Consultation
Are you looking for lawyers who handle domestic violence in San Diego, California for a free consultation or to hire?
One of the best San Diego domestic violence lawyers who’s experienced, reasonably priced, and local is probably what you need if you are charged with or accused of domestic battery, abuse, and assault in San Diego.
Because of how serious the DA office takes domestic violence, retaining a good San Diego lawyer for domestic battery, assault, and abuse is an absolute must.
The right skilled San Diego domestic violence attorney will ensure that your right is protected, all legal procedures are followed, and your charges are reduced or dismissed in most cases.
Having this type of criminal defense representation on your side will likely put you in a win-win situation.
San Diego Domestic Violence Lawyer, Laws, Defense Strategies, and More
Below are some of the important information about San Diego city and the County domestic violence that you might find helpful for your case.
What Is Considered San Diego Domestic Violence?
Under the state law, a San Diego domestic abuse constitutes any assault, battery, and/or criminal threats towards a family member or intimate partner.
The California domestic violence law codes defines domestic violence as a physical or emotional act of violence towards a family member, current/previous spouse, fiancé, cohabitant, blood relatives, or dating partner, etc. This includes making someone fear that they will be hurt physically, harassing or stalking someone, threatening someone, etc.
The California penal code 243(e)(1) covers these laws related to domestic violence in detail.
When you speak with a San Diego domestic violence lawyer, he or she will explain the law better and let you know other actions you have taken that are considered domestic abuse and your defense option.
For example, most people may not be aware that stalking or simply shoving or destruction of personal property is even considered domestic abuse.
Typically Prosecution Process
As mentioned above, domestic violence is viewed seriously in San Diego and the district attorney’s office has a unit of prosecutors that is dedicated to handling these DV cases.
A domestic violence case usually starts with a call to the police. It could be a neighbor or a family member or the accuser who makes the call.
Once the cops show up, they will take statements, investigate, document injuries, etc. In most cases, they will have to take someone to jail for the safety of both parties.
Typically in a domestic violence case in the city, an emergency protective order is issued against the accused to protect the accuser.
The next step is that the district attorney will review the report of the incident and will then decide whether to file a complaint with the court or not.
This is one of the times to hire an attorney. One of the benefits of hiring a private San Diego domestic violence lawyer early is that he or she can negotiate with the San Diego DA’s office to get your case tossed out before they even file the domestic violence charges against you with the court.
If the DA still decides to move forward with filing the case with the court then there will be an arraignment which will be your first court appearance.
The last step is usually the trial if your domestic violence lawyer still cannot come to a favorable agreement for you with the DA.
San Diego domestic violence trials typically last three (3) days.
Consequences Of A Domestic Violence Conviction
Criminal law is always complicated and domestic violence is no different as it is part of the criminal law.
So being convicted of domestic violence in San Diego comes with a lot of consequences.
The severity of the consequences depends on whether you are found guilty of a misdemeanor or felony charge.
Besides jail time below are other consequences you may face:
- Loss of your gun right
- A protective order against you
- Mandatory domestic violence classes
- Fines and/or restitution to the victim
- You may lose your child custody rights
- A criminal record
The consequences as you can see are severe, however, with the right skilled San Diego domestic violence lawyer representing you, the consequence can be reduced, and even in some situations, you won’t face any consequences at all.
Whether you are a resident of North County, South Bay, East County, City of San Diego and you are facing a DV charge, get a professional legal consultation and representation.
Possible Defense Strategies Your Lawyer Can Use
The California criminal law process can be complicated so that is why hiring a good law firm to help you mount a serious and effective defense is usually beneficial to any criminal case.
There are many defense strategies that your San Diego domestic violence attorney can use in your domestic abuse case to fight for you.
It may be difficult to argue against the alleged victim who has proof of physical bruises and hurt to counter such charges. The accuser may make a false allegation out of:
- deranged mind or emotions
- gain the upper hand in an impending divorce
- an attempt to secure child custody
- motives of eyewitnesses
- wrongfully file police reports
Should I Hire A Private San Diego Lawyer or Public Defender
One of the questions those facing domestic violence cases in San Diego want is if they should go with the public defender office assigned attorney or a private attorney.
We will give you the pros so you can make a choice of what fits your need.
Private lawyer pros
- Since you paid the lawyer they typically focus on your case
- Since you paid they will use some of that money towards resources that will help with your cases
- Typically more available to reach
- You have the choice to pick who want to work with
If you would like to get an idea of how much your DV case might cost you if you hire a private attorney, you should check out the article link below.
Public defender pros
- It may be hard to get a hold of them when you want
- Assigned so many cases that he or she may not be able to personalize your case
- Less resource than a private attorney
- Typically overworked and underpaid which can determine how serious they will take your case
How To Choose a Domestic Violence Lawyer
Having the right domestic violence lawyer or law firm on your side is very important in the outcome of your case.
This is why you should carefully consider many factors pricing choosing a particular San Diego attorney or law firm to handle your DV case.
Below are some factors to consider:
- Legal Experience
- Domestic violence defense cases experience
- Law firm size
- Win ration
- Former clients reviews
- Good standing with the state bar association
- Communication style
San Diego Domestic Violence Attorneys Near You Free Consultation
The San Diego Domestic Violence Defense Pros does not charge for these connections to a law firm.