DOMESTIC VIOLENCE LAWYERS

Domestic violence is a serious public health issue that is prevalent in every community throughout the state of California, affecting thousands of men, women and children in San Diego County and the surrounding counties each year. Many domestic violence cases in San Diego involve legitimate abuse suffered by victims who deserve our compassion and protection, but there are other cases that involve false allegations of domestic violence designed to manipulate the legal system and stir up trouble for the wrongfully accused. If you are the victim of domestic violence in San Diego or you have been falsely accused of domestic violence, and you would like reliable, confidential information about your legal options, it is imperative that you consult a knowledgeable San Diego domestic abuse attorney who understands the sensitive nature of your situation. Consult our experienced family law attorneys at (619) Divorce today to schedule a free, no-obligation domestic violence consultation.

EXPERIENCED SAN DIEGO DOMESTIC VIOLENCE LAWYER

Family law and criminal law are two very distinct areas of the law with their own systems of rules and legal proceedings, but there are certain situations in which they intersect, including cases where a victim of domestic violence files for divorce or a spouse falsely accused of domestic violence fights to regain his or her child custody rights, for example. Accusations of domestic violence in San Diego are not taken lightly, and in most cases, the police and the court will believe the alleged victim’s side of the story, whether or not it is true. Unfortunately, that means you could face criminal charges and end up in jail for a crime you did not commit, not to mention possibly losing your job, your professional licensing and your child custody or visitation rights.

With more than a decade of experience in all areas of family law, Attorney 619 Divorce has the knowledge and skill necessary to guide you through the difficult and emotional process of pursuing a domestic violence claim or protecting your legal and parental rights against false allegations of domestic abuse in San Diego. In cases involving unlawful, aggressive acts like domestic violence, it is in your best interest to take a proactive approach to defending your legal rights and safeguarding your freedom and your future. Our team of reputable family law attorneys at (619) Divorce are intimately familiar with San Diego domestic violence law, and we will use every resource at our disposal to protect your rights and help you get the best possible outcome in your case, based on your specific situation.

DOMESTIC VIOLENCE IN SAN DIEGO

Under California law, domestic violence is defined as a pattern of abuse or threats of abuse occurring between two people who have or formerly had an intimate relationship, or between two people related by blood or marriage, including acts of physical abuse, verbal abuse, emotional abuse, psychological abuse, sexual assault, harassment or stalking, among other unlawful acts, such as throwing things, following the person around, or keeping the person from freely coming or going. A common misconception about domestic violence is that it only involves abuse perpetrated by a husband against his wife, when in reality, any pattern of abuse within the home, be it between spouses, dating partners, same-sex partners, cohabitating couples or close family members, is considered domestic violence, whether the victim of the abuse is a man, woman or child. The following are the most common types of domestic violence in San Diego:

Physical abuse – Physical abuse occurs when a person makes physical contact with another person using their hands or other weapons, such as a firearm or knife, causing injury to that person (i.e. punching, choking, slapping, hitting, pushing, denial of medical care or other basic needs).
Emotional abuse – Emotional abuse is defined as behavior that intimidates, threatens or undermines another person’s self-esteem or self-worth or controls that person’s freedom (i.e. isolating that person from friends and family, threatening harm against the person or his or her family, deliberately making the person feel worthless).
Sexual abuse – Sexual abuse involves any situation in which a person uses force to compel another person to engage in unwanted, degrading or unsafe sexual activity against that person’s will (i.e. unwanted touching, insulting the person in a sexual manner, forcing the person to dress in a sexual way that makes him or her uncomfortable, forcing or manipulating the person into having sex or performing sexual acts).
Financial abuse – Financial abuse or economic abuse occurs when a person controls another person’s money and other economic resources for malicious reasons (i.e. withholding the person’s money and making him or her beg for it, preventing the person from finishing his or her education or from obtaining a job).
Stalking – Stalking is the act of willfully, maliciously and repeatedly following or harassing another person (i.e. making credible threats with the intent of making the person fear for his or her safety or the safety of his or her family).

CALIFORNIA FAMILY CODE § 6211

Domestic violence, also known as domestic abuse or intimate partner violence, typically involves intimidating, humiliating, manipulative, hurtful or frightening behavior carried out in an effort to gain or maintain power and control over another person in an intimate relationship. The type of domestic violence we typically see on television portrays domestic violence as abuse perpetrated by a husband against his wife, but this kind of abuse in San Diego doesn’t always occur between spouses. Under California Family Code § 6211, you could be accused of domestic violence if you commit abuse against any of the following parties:

A current or former spouse,
A current or former cohabitant,
A person with whom you currently have or had in the past a dating or engagement relationship,
A person with whom you have a child,
Your child, or
Any person related to you by blood or marriage.

Virtually anyone can be the victim of domestic violence in San Diego, regardless of their age, sex, race, education, sexual orientation, religion or socioeconomic status. Unfortunately, many victims of domestic violence in San Diego are unaware of their rights under the law and end up staying in an abusive relationship simply because they don’t know where else to turn. Contact our domestic violence lawyers at (619) Divorce today if you have been the victim of any kind of domestic abuse in San Diego.

LONG-TERM CONSEQUENCES OF DOMESTIC VIOLENCE

Domestic violence can be physically, emotionally and psychologically devastating, and victims of domestic abuse in San Diego often face significant long-term consequences of the abuse that can follow them for the rest of their lives, possibly affecting their ability to form meaningful relationships or maintain gainful employment. Even after you have moved on from the domestic violence and gotten a fresh start, the long-term effects of the abuse you suffered can persist.

Being falsely accused of domestic violence by a spouse or dating partner can also carry serious consequences that can affect your life for years to come. Even allegations of domestic violence can ruin your reputation and cause an irreparable rift between you and your loved ones, whether or not you are actually found guilty of the crime. If you have children with the alleged victim, you could lose your child custody or visitation rights and you may even find yourself served with a permanent restraining order or criminal protective order, depending on the circumstances of your case.

DOMESTIC VIOLENCE RESTRAINING ORDERS

In some cases of San Diego domestic violence, the alleged victim may obtain a restraining order. A domestic violence restraining order is a court order that protects the victim from someone they have a close relationship with who is accused of committing abuse or making threats of abuse. This type of restraining order may only be issued against you if you are accused of abuse and the alleged abuse victim is someone you are: married to, divorced or separated from, dating or used to date, living with or used to live with, co-parents with, or closely related to (i.e. parent, child, grandparent, sibling, in-law). The various types of domestic violence restraining orders in San Diego include:

Emergency Protective Order – A type of emergency restraining order only law enforcement can request from a judge. This order can be issued at any time, 24 hours a day, and lasts up to seven days.
Temporary Restraining Order – A type of restraining order issued when a judge believes an alleged victim requires protection. This order typically lasts between 20 and 25 days, or until the court hearing.
“Permanent” Restraining Order – If the judge presiding over the court hearing believes the alleged victim requires additional protection, he or she may issue a “permanent” restraining order, which can last up to five years.
Criminal Protective Order or “Stay-Away” Order – If criminal charges are filed against you for domestic violence, the court may issue a criminal protective order against you for the duration of the criminal case.

DOMESTIC VIOLENCE IN MARRIAGE

Domestic violence is a common occurrence in the United States, taking place in close to 20% of all marriages and intimate partnerships, and while we typically think of domestic violence as physical abuse, emotional abuse actually occurs more frequently. Verbal threats, controlling behavior and relentless humiliating or degrading remarks are all forms of emotional domestic violence, yet most people experiencing this type of abuse, or perpetrating the abuse, don’t truly recognize the danger in it. Often, domestic violence begins with small acts of aggression or possessive or controlling behavior that eventually leads to more dangerous or damaging acts. Over time, these subtle forms of abuse, consistently ignored or downplayed, can escalate in intensity or frequency, until they develop into full-blown violence. There is no doubt that maintaining a happy and healthy relationship with another person can be challenging, but if you find yourself or your spouse becoming aggressive, angry, controlling, coercive, critical or mean, you could be involved in an abusive relationship. Our knowledgeable attorneys at (619) Divorce are trained in all aspects of San Diego divorce and family law, and if you contact our firm, we can help you determine the best course of action for your situation. If you decide to leave your relationship, we can help guide you through the process of filing for divorce in San Diego and managing other family law issues that typically accompany divorce, such as child custody and visitation.

HOW A SAN DIEGO DOMESTIC VIOLENCE LAWYER CAN HELP

Accusations of domestic violence in San Diego are taken extremely seriously, and because of the aggressive and personal nature of domestic abuse incidents, most people will automatically take the alleged victim’s word for it that the crime occurred. Unfortunately, the truth is that false accusations of domestic violence are extremely common. For instance, someone involved in a messy divorce may make a false accusation of domestic violence in an attempt to gain the upper hand in their divorce proceedings or child custody case. If you find yourself in this difficult situation, you could end up with a permanent record and lose custody of your children for something you didn’t do. No one should be made to suffer abuse at the hands of a spouse, domestic partner or family member, but neither should anyone suffer the consequences of a false domestic violence claim.

Domestic violence is against the law in San Diego, and whether you are the victim of domestic violence or you are accused of committing domestic violence, your situation requires immediate intervention by a skilled attorney who can notify you of your rights under the law. Attorney 619 Divorce and our team of family law attorneys at (619) Divorce are committed to protecting the rights of men, women and children in San Diego and throughout Southern California, and we will aggressively and competently represent your case to the fullest extent of the law. We understand that all San Diego domestic violence cases are different, with unique circumstances that can affect the outcome of each case, and we will work tirelessly to help you get a favorable result in your case.

CONSULT OUR SAN DIEGO DOMESTIC VIOLENCE LAWYERS

Domestic violence is a serious crime and the legal system in San Diego is designed to protect the rights of domestic violence victims and hold legitimate perpetrators of domestic violence accountable for their actions under the law. On the flip side, the law is also designed to protect the rights of innocent people who are falsely accused of domestic violence, which happens more often than you might think. Any individual involved in a domestic violence dispute in San Diego should work quickly to obtain qualified legal representation, either to pursue a domestic violence claim against the perpetrator or to ensure a strong domestic violence defense. Our San Diego domestic violence lawyers at (619) Divorce understand how difficult domestic violence cases can be and how deeply domestic abuse claims can affect both victims and the accused alike. Contact (619) Divorce today to speak to an experienced domestic violence attorney about your case.