California’s domestic violence laws seek to punish abusers who harm spouses, intimate partners or family members. The U.S. Department of Justice defines domestic violence as a pattern of abusive behavior where one partner tries to gain control over another. Many types of abuse are included: Physical Sexual Emotional Financial Stalking Cyberstalking Threats Psychological Definition of victims in domestic abuse cases…
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Fighting protective orders during a domestic violence arraignment
When a person is charged with a crime related to domestic violence, the accuser often requests a restraining order against the suspect. These orders are meant to protect victims from further abuse. Restraining orders are often in place for up to three years, regardless of whether the defendant is guilty of the charges or was falsely accused. Violating a restraining…
I’ve been accused of domestic violence. What should I do now?
It’s vital to contact an experienced San Diego defense attorney immediately if you have been arrested for domestic violence or charges are pending. Waiting for the process to unfold is the worst thing you can do, even if you haven’t been arrested. Aggressive and knowledgeable lawyers can help you avoid charges by disputing claims and identifying false accusations. They can…
Is infidelity the most common cause for domestic violence claims?
While drugs and alcohol are widely thought to be the most prevalent triggers for domestic violence cases, no clear scientific evidence can be found to back that up. Intoxicating substances can impair judgment, reduce inhibition and increase aggressive behavior, but various studies indicate drugs and alcohol were prevalent in 25% to 80% of domestic violence reports. A new approach to…
Are you being evicted for a domestic violence charge? Here’s how to fight it.
If someone has accused you of domestic violence, you may be facing a variety of consequences. In some cases, your landlord could even be trying to evict you. It can be frustrating to face being kicked out of your home because of accusations without being able to give your side of the story. But the good news is that you…
When does a domestic violence charge become a felony?
Many factors determine whether a person accused of a domestic violence offense faces misdemeanor or felony charges in California. Felony charges typically result when serious physical injuries are inflicted on spouses, children, partners or any other household members. Misdemeanor convictions bring up to six months in county jail and a $2,000 fine. Felonies can result in three years or more…
What happens if you violate a restraining order against you?
It can come as a shock to learn that someone you know has requested a restraining order against you. You might feel that it’s undeserved, that it’s not fair and that you deserve justice. You may get your day in court to tell your side of the story. But until then, the reality is that you have an order against…
How Common Is Domestic Violence In The Military?
A military career can create multiple strains on a marriage and family relationship. The time spent on deployment and the long grueling hours can make little time for a person’s family and partners. Combining this with the constant training and regular moves to new locations and bases can cause a great deal of turmoil in a person’s domestic life. Understanding…
Defining “assault and battery” in California domestic violence cases
Just about everyone has heard the phrase “assault and battery,” and many people believe these terms are the same thing. However, under California law, they are two separate and distinct crimes that often happen during a single incident, such as domestic violence. In basic terms, assault is defined as an “attempt” to injure another person. But physical contact is not…
Fighting false imprisonment charges after a domestic dispute
False imprisonment, also known as unlawful imprisonment, happens when a person without legal authority or justification purposefully restrains another individual, prohibiting them from moving about freely. According to California statutes, false imprisonment is “the unlawful violation of the personal liberty of another.” Prosecutors will often add this charge in a domestic violence situation, knowing it is difficult to prove, in…


