Are you accused of Domestic Violence in San Diego?

Introduction
Thank you for visiting My San Diego Domestic Violence Attorney.  We will attempt to give you as much information about domestic violence in San Diego as possible on this site.  Additionally, you can visit our “Why hire us” page to see what separates us from the other domestic violence lawyers in and around San Diego.

If you have been charged with domestic violence, this is a very serious crime!  You need the expertise of our attorneys at the Domestic Violence Law Offices of “insert attorney name”.  We will investigate your case and help you to move forward in a positive manner.

If you need a Los Angeles Domestic Violence Attorney please visit our Los Angeles Domestic Violence website.

Definition
California law defines Domestic Violence as a threat of violence or inflicts corporal injury on an intimate partner (a spouse or ex-spouse, a person you are living with or someone you had a child with).

Overview

• Domestic violence can happen to anyone – over 4 million people each year.
• It happens to any culture, race, religion or background.
• It includes physical abuse, personal property destruction, threats, stalking and sexual harassment.
• The abuser has the need to control your life.

Types of Abuse
Offenses include:

• Assault
• Battery
• Spousal abuse
• Threats – by phone, of harm
• Intimidation

Charges

• Even if you do not want to press charges, the district attorney will prosecute this crime.
• This conviction will stay with you for life; you will have a criminal record.
• You will be charged with a misdemeanor or a felony – classified as “wobblers”.

Misdemeanor
California law defines a misdemeanor as:

• Battery committed against a person with whom the defendant is currently cohabiting with or previously had.
• Bail could be up to $10,000
• Punishable by a fine of up to $2,000 and/or
• County jail – not more than 1 year
• Probation
• Restitution to victim

Felony
California law defines a felony as:

• A person who willfully inflicts upon a spouse (current or former) corporal injury resulting in a traumatic condition.
• Examples:  broken bones, severe injuries
• Abuser has been arrested before for same type of crime
• Bail – about $25,000
• Mandatory treatment program – 52 weeks
• Issued a “Stay Away Order” – no contact with victim
• State prison – up to 4 years or
• County jail – not more than 1 year and/or
• Fines – up to $6,000

Restraining Orders

• Temporary Restraining order (TRO) is issued by the court to keep your aggressor away from you – no contact, no communication.
• Issued until the case goes to trial.
• In effect for about 2 weeks.
• A Restraining Order can be in effect for several years if needed.
• Violation is a criminal offense – punishable by jail, fines, anger management classes and mandatory counseling.

San Diego Police Domestic Violence Unit

• The police unit is located in the Family Justice Center – 707 Broadway, Suite #700, San Diego, CA 92101.  Telephone: 619-533-6000
• Works with public and private agencies to address domestic violence.

Safety Plan

• Leaving will be a dangerous time.  Make sure you have a safety plan ready for that time.
• Have a secret savings account in your own name.  Use a trusted friend’s address or a post office box.
• If you are being abused or attacked, leave your home with your children – go to a friend or family member or to a shelter.
• Defend yourself.  Do whatever it takes to survive!
• Scream as loudly as you can.
• Stay away from rooms with weapons – kitchen, bathroom.
• Practice leaving the house as quickly as you can.
• Take photos of any injuries.
• Have a code word and if spoken, your friends will know to call the police.
• Have a suitcase packed with money, keys, important papers and personal items.  Keep it hidden or at a friend’s house.
• Once alone, change your phone number; get caller ID, change the locks and secure the windows.
• Keeps a detailed record of any assaults or threats.
• Keep domestic violence shelter phone numbers nearby.
• Keep a cell phone, change or a calling card with you at all times so you can call if there's an emergency.
• There is help in San Diego:
• National Domestic Violence Hotline: 800-799-SAFE (7233).

Conclusion
This is a terrible time for you and your family.  If you have been arrested for domestic violence, having an experienced attorney could mean a reduction in charges and less or no jail time.  Call us immediately at the Domestic Violence Law Offices of “insert attorney name” because we will help you.