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Having a restraining order imposed on you is not the same thing as being sent to jail, but it still has a huge impact on your freedom. Depending on the terms of the order, you could be prohibited from being near your spouse, partner and/or children. You could even be forced to move out of your home or quit your…
Though it gets less media attention than domestic violence and sexual abuse, emotional abuse is a significant problem in San Diego. You might wonder if an argument with your spouse or child could turn into an accusation of emotional abuse — and if that could mean getting arrested and charged with a crime. Emotional or psychological abuse includes things like…
If you’ve been accused of domestic violence and related charges, the accuser may allege false imprisonment. There’s a very serious charge that means you held them somewhere against their will and restricted their ability to leave, despite having no authority to do so. He said, she said The problem with the situation like this is it could become difficult to…
While California's criminal law allows someone charged with a crime to plead insanity, it is very difficult to succeed with this strategy. State law tends to hold individuals responsible for their actions unless their thoughts and self-control were extremely affected...
If you asked most people to define domestic violence, they would likely describe a physical attack of some sort on a spouse or romantic partner. In California, however, the laws covering domestic violence go much further than that and include threats and intimidation, as well as destruction of property. But where is the line between simple angry rhetoric in the…
If you face charges for domestic violence in California, you are most likely wondering what kind of punishment you could receive if convicted. Of course, you hope to see the charges dismissed or receive an acquittal at trial, but you should be aware of the possible penalties in case of a conviction. Understanding California law California law has two main…
While there are many valid domestic violence claims, in far too many instances, cases move with lightning speed and the defendant is convicted of domestic violence before having the chance to make a valid argument. It is a gross injustice when a spouse or parent, in most cases the husband and father, is convicted of domestic violence for a simple…
In a San Diego criminal courthouse, the judge cannot also be the prosecutor and vice versa. It would be fundamentally unfair to you if the person presiding "neutrally" over your trial is also trying to put you in jail. But in a way, that is what the California...
No one wants to be charged with domestic violence or any related criminal charge. The situation goes from bad to worse for defendants when a prosecutor adds other related charges to the initial domestic violence charge. Rather than facing one criminal charge, you are now facing multiple charges. One of the most common charges that prosecutors add to domestic violence…
The problem with most arguments or situations that result in domestic violence charges is that they are chaotic. The emotions are running high, participants and witnesses remember the specific details differently, and in many cases, things get broken. For those facing domestic violence charges, vandalism charges arise in largely the same way: Disagreements about facts or the implications of the…