San Diego Domestic Violence Lawyer
TABLE OF CONTENTS
A San Diego domestic violence lawyer who’s experienced, reasonably priced, local, and one of the best is probably what you need if you are charged with or accused of domestic violence in San Diego.
Because of how serious the DA office takes domestic violence, retaining a San Diego domestic violence attorney is an absolute must.
The right skilled domestic violence lawyer 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 is a win-win situation. So call the number on the website to schedule your free consultation with a San Diego domestic violence lawyer now.
So What Is Considered A Domestic Violence in San Diego?
Under the state law, a San Diego domestic abuse constitutes any assault, battery, and/or criminal threats towards a family member.
The state law 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, and threatening someone etc.
The California penal code 243(e)(1) covers these laws related to domestic violence in details.
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 is considered a domestic abuse and your defense option.
For example, most people may not be aware that stalking or simply shoving or destruction of personal properties 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 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, and 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 time 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 San Diego Domestic Violence Conviction
Criminal law is always complicated and domestic violence is no difference 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 on 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.
Possible Defense Strategies
The California criminal law process can be complicated so that is why hiring a 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 Lawyer or Public Defender
One of the questions those facing domestic violence cases in San Diego want to 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 on 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
Public defender pros
- May be hard to get a hold of when you want
- Assigned so many cases that he or she may not be able to personalise your case
- Less resource than a private attorney
- Typically overworked and underpaid which can determine how serious they will take your case
Next Step: Contact The Best San Diego Domestic Violence Attorney Near You For Consultation Today!
If you or a loved one is being accused of a domestic abuse or family violence, please contact us today to be connected with a San Diego domestic violence lawyer who offers consultation. The consultation can be over the phone or at the office.
Most attorneys handle DV cases all over the county cities. Click each city to learn more and if your city is not listed still call to speak with a domestic violence attorney:
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The San Diego County Domestic Violence Defense Pros