A domestic violence accusation involves either physical or psychological assault against a member of your same household. This person could be a spouse, family member or someone sharing your residence, like a roommate. Technically, this doesn’t include minors, as that’s a different charge.
Because of the serious nature of this charge, seeking the help of an experienced attorney is a necessary first step when facing something like this. While the consequences of being found guilty are severe, there are numerous defenses that could be argued on your behalf by a skilled domestic violence lawyer.
What Consequences Am I Facing for a San Diego Domestic Violence Charge?
The consequences vary by the individual case, whether the defendant is a repeat offender, and how your attorney presents and argues the facts.
In extreme cases, a defendant faces jail time that could span years. There is also the possibility of having to pay damages to cover losses suffered by the victim. These payments include stays in a hospital, receiving medical or psychological treatment, and compensating for pain and suffering. There could also be monetary fines imposed by the court that could total several thousand dollars.
Often, a judge will issue a TRO, also known as a temporary restraining order. This protects the victim by requiring the defendant to stay a specified distance away, and may prohibit communication and phone calls.
When children are involved, it’s not uncommon to lose custody. The justification is that the environment is unsafe and potentially violent. In addition to losing custody, one may also lose a driver’s license and the right to bear firearms. These latter consequences are typically only in extreme circumstances, and a lawyer will work with you to prevent this loss of rights from happening.
At a minimum, it’s usually required that there will be a rehabilitation course, like an anger management class.
What Defenses Are Available?
If you’ve been charged with domestic violence in San Diego, your attorney will likely discuss one or more of the following defenses:
- Self -defense: If you can provide evidence that you were defending yourself or your children, your lawyer can use this information to argue on your behalf.
- Wrong suspect: Being able to show that you weren’t at the location when the incident occurred can help prove your innocence.
- False accusations: Is your accuser spitefully seeking revenge or looking for a way to hurt you with this charge? An attorney may be able to get to the heart of this person’s motivation and use it in your defense.
- No proof: It’s up to the court to prove that a crime was committed. If there are no witnesses and no evidence, it’s difficult to find someone guilty of anything.
- Consent: In rare occurrences, two people have consented to an act of aggression. If there is mutual consent, then there is no crime.
How Our San Diego Domestic Violence Lawyers Can Help
We aggressively defend our clients to ensure that they receive the best possible outcomes. Perhaps you’ve been wrongly accused, or maybe you simply need help dealing with these charges. If you’re looking for a domestic violence lawyer in San Diego, contact our office and receive a free consultation with an attorney from our experienced team.