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Domestic Violence a major issue in San Diego

On Behalf of | Nov 26, 2014 | Firm News |

Below was an article I was reading about Domestic Violence.  It really is an issue.  As a former Domestic Violence Prosecutor you get an insight into sad situations of abuse.  Those prosecutors are fighters and will fight more than most other types of vertical prosecutors.

San Diego Domestic Violence arrests are prevalent.  If someone in a relationship touched another then someone is getting arrested.  With the military presence there is a lot of couples facing issues such as PTSD, long deployments, and other stresses that other areas do not have.

One major item to weed out for prosecutors is when there is not a case of San Diego Domestic Violence.  There is false allegations.  There is instances when someone is mad at the other and uses the process to punish the other.  It is in these situations that it is key for a San Diego Domestic Violence defense to get to the prosecutor to show:

– Bias

-Lack of independent corroboration

– Lack of a cycle of violence

This is key to do this and be proactive in doing so.  Domestic Violence is awful.  It is key to separate true cases from false accusations.

 New York City’s legal counsel said Tuesday that police receive more than 770 reports of domestic violence every day — a figure the head of the U.N. women’s agency said reflects what is happening in the world.

On the International Day to End Violence Against Women, New York City’s top lawyer Maya Wiley also said “it’s really a staggering fact that 40 percent of violent felonies in this city are related to domestic violence.”

UN Women Executive Director Phumzile Mlambo-Ngcuka said the figures in New York City “are indicative of the problem” throughout the world.

“Violence against women is an issue that cannot wait,” she said. “One in three women around the world will experience physical or sexual violence in some point in their life unless we do something bold. We also must be involved in stopping this blatant violation, from the local to the global level.”

The U.N. has launched a campaign called “Orange Your Neighborhood” to raise awareness of violence against women in local areas. It included lighting up the Empire State Building and U.N. headquarters Tuesday night in orange to support ending the scourge.

UN Women’s Mlambo-Ngucka and New York City’s first lady Chirlane McCray, wife of Mayor Bill de Blasio, signed a memorandum of understanding at the U.N.’s official commemoration Wednesday to work together in order to enhance the safety and empowerment of women and girls. As part of the pact, the city will support public education and advocacy efforts organized by UN Women to promote the roadmap for gender equality adopted by 189 governments at the 1995 U.N. women’s conference in Beijing.

Wiley said New York City officials know that in public housing projects 75 percent of domestic violence incidents go unreported so the mayor is setting up special teams to ensure that victims get connected to family centers and support services.

U.N. Secretary-General Ban Ki-moon told the commemoration that this year has seen the kidnapping of more than 200 girls in Nigeria; Indian schoolgirls who were raped, killed and hung from a tree; graphic testimony from Iraqi women of rape and sexual slavery during war, and the continued bullying of women on the Internet.

He said men and boys are finally taking their place in the battle to end violence against women.

“It is simply the most extreme example of the political, financial, social and economic oppression of women and girls worldwide,” Ban said. “Ending this violence is central to our efforts to empower women and girls, and to build stronger, fairer, more inclusive and stable societies.”

The full article can be found here.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected] 


273.5. (a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. (b) Subdivision (a) shall apply if the victim is or was one or more of the following: (1) The offender’s spouse or former spouse. (2) The offender’s cohabitant or former cohabitant. (3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4) The mother or father of the offender’s child. (c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section. (d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck. (e) For the purpose of this section, a person shall be considered the father or mother of another person’s child if the alleged male parent is presumed the natural father under Sections 7611 and 7612 of the Family Code. (f) (1) Any person convicted of violating this section for acts occurring within seven years of a previous conviction under subdivision (a), or subdivision (d) of Section 243, or Section 243.4, 244, 244.5, or 245, shall be punished by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for two, four, or five years, or by both imprisonment and a fine of up to ten thousand dollars ($10,000). (2) Any person convicted of a violation of this section for acts occurring within seven years of a previous conviction under subdivision (e) of Section 243 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to ten thousand dollars ($10,000), or by both that imprisonment and fine. (g) If probation is granted to any person convicted under subdivision (a), the court shall impose probation consistent with the provisions of Section 1203.097. (h) If probation is granted, or the execution or imposition of a sentence is suspended, for any defendant convicted under subdivision (a) who has been convicted of any prior offense specified in subdivision (f), the court shall impose one of the following conditions of probation: (1) If the defendant has suffered one prior conviction within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition thereof, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 15 days. (2) If the defendant has suffered two or more prior convictions within the previous seven years for a violation of any offense specified in subdivision (f), it shall be a condition of probation, in addition to the provisions contained in Section 1203.097, that he or she be imprisoned in a county jail for not less than 60 days. (3) The court, upon a showing of good cause, may find that the mandatory imprisonment required by this subdivision shall not be imposed and shall state on the record its reasons for finding good cause. (i) If probation is granted upon conviction of a violation of subdivision (a), the conditions of probation may include, consistent with the terms of probation imposed pursuant to Section 1203.097, in lieu of a fine, one or both of the following requirements: (1) That the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000), pursuant to Section 1203.097. (2) (A) That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense. (B) For any order to pay a fine, make payments to a battered women’ s shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. In no event shall any order to make payments to a battered women’s shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted. (j) Upon conviction under subdivision (a), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation. (k) If a peace officer makes an arrest for a violation of this section, the peace officer is not required to inform the victim of his or her right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.

‘s Intervention


  • You have been ordered by the Court to complete a 52 -week program for domestic violence intervention and counseling.
  • You have been given a date to return to Court and provide proof that you have enrolled in one of the certified programs.
  • The only programs presently certified, which will satisfy this requirement are on the attached lists. If you attend a program not on this list, you will not receive credit.
  • You must call the program of you choice to schedule an initial interview. They will schedule your interview within three weeks from the date you contact them. The program will give you any additional information you may need, e.g. locations, costs, and times of meetings. You must bring the indicated fee amount with you to your initial interview. The total cost may vary from program to program. Each program can advise you what the charge is for each weekly session and whether payment plans are available.
  • The Court does not consider the program completed until you have successfully attended all sessions and you have paid your bill in full.
  • Failure to enroll in or complete one of these programs may result in revocation of probation and could subject you to time in jail. These programs will report your success or failure in the counseling directly to the Probation Officer and /or the Court which has issued the order for you to attend.
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