San Diego Domestic Violence Attorney

Frequently Asked Questions

What is domestic violence? Domestic violence is defined as some form of violence, abuse or injury that occurs between spouses, ex-spouses, cohabitants, family members, or people in a relationship. Domestic violence may be purely physical in nature or may involve neglect, emotional abuse or sexual abuse. Child endangerment is also a form of domestic violence.

What are the penalties for domestic violence in California? In California, domestic violence may be charged as a misdemeanor or a felony depending on the circumstances. If charged as a misdemeanor, a defendant may face up to 6 months in county jail, counseling, fines, community service, and a restraining order prohibiting contact with the victim. A felony domestic violence conviction may result in similar penalties, but a more extensive sentence (up to 3 years) in state prison and much higher fines (up to $6,000 or more in some cases.)

What is a restraining order? Restraining orders are often related to domestic violence cases because alleged victims have the opportunity to retain these for protection from their abuser. A restraining order is a court order that prohibits certain actions by the person named in the order, such as prohibiting him or her from contacting the victim or coming within a certain distance of the victim.

Do I have the right to challenge a restraining order? If you have been served a restraining order, you have the right to file a response and to represent your side of the story in a court hearing. Depending on the outcome of the hearing, the restraining order may be dismissed or may be extended to last for a longer period of time. A lawyer can assist you by representing you at your hearing to work to have your restraining order dismissed.

I was falsely accused! Do I still need an attorney? Any person facing domestic violence charges will need legal counsel (perhaps unless he or she is a licensed attorney.) It does not matter how ridiculous the allegations may seem. It is a legal process and as such certain procedure must be followed and only when properly handled can it be proven that the charges you face are entirely false.

Contact a San Diego domestic violence lawyer regarding your case.