Domestic Violence (“DV”)
Have you or a loved one been arrested on domestic violence charges, or are facing a domestic violence case?
Criminal cases filed as “domestic violence” are subject to special rules and procedures. Even a misdemeanor charge can carry severe penalties. An experienced attorney is needed to handle your best defense strategy.
Domestic Violence Arrests
It is well-known that when law enforcement responds to a report of domestic violence, an arrest is almost always made.
Domestic Violence Charges
Not every person who is arrested on domestic violence charges actually faces criminal charges; the decision is made by an attorney in the prosecutor’s office. “Domestic Violence” charges cover a broad range of alleged conduct.
Under the right circumstances, involving an attorney shortly after the arrest can favorably impact the prosecutor’s issuing decision. In some cases, providing exonerating information at an early stage can even cause the prosecutor to “reject” the case; however, it is critical that any information only come from an attorney rather than directly from the person who may face domestic violence charges.
The Most Common Domestic Violence Charges include alleged violations of Penal Code section 273.5 (inflicting corporal injury on a spouse) and section 243(e) (spousal battery).
Other Domestic Violence charges such as vandalism or false imprisonment however, can also be filed as domestic violence cases.
Criminal Protective Order
While the criminal case is ongoing, the court will typically order a criminal protective order which prohibits the defendant from having contact with the alleged victim.
What to expect during the special Domestic Violence hearing
The Office of the District Attorney and the Office of the City Attorney both have special units which prosecute domestic violence cases. The prosecutor’s also employ victim advocates who are involved in many of these cases. Some of the courts in San Diego also have specially assigned courtrooms where all of the pretrial hearings for domestic violence matters are heard. And, there are special rules and procedures that apply to cases filed as domestic violence cases.
From a Defense Perspective it is important to do what is possible to establish any possible defenses at an early stage of the case. Preserving exonerating evidence, for example, can be another benefit of involving an attorney shortly after an arrest.
If you or a loved one are facing a domestic violence case, allow us to give you a FREE consultation on how to best strategize your case. – Contact Us Today