A simple verbal argument can easily escalate and even lead to you in handcuffs, being taken from your home, spending time in jail, and facing criminal charges in court. California Penal Code recognizes any physical or verbal abuse and threats of violent action as domestic abuse when such violence is perpetrated by a partner or family member living together.
In many instances, the heightened situation that leads to an arrest may be a misunderstanding; however, the law and those charged with enforcing it take allegations of domestic abuse very seriously. Accordingly, if you are charged with this offense you need to rely on a San Diego assault and domestic violence attorney who is experienced with California law and who will provide skilled legal representation.
What is Domestic Violence?
The law criminalizes any violence committed against a person with whom you have a familial or intimate relationship. California law recognizes the following individuals as potential victims of domestic abuse:
- A spouse or ex-spouse
- A live-in partner or former live-in partner
- The mother or father of your child
- A dating partner
There are a number of actions that can be considered domestic violence. These can range from a verbal threat to physical injury to the victim. The law also recognizes actions that lead to a traumatic condition in the victim as domestic violence.
Defending Your California Domestic Violence Charge
Emotions will run high in any domestic conflict, but like every other offense, you are innocent until proven guilty. In many cases, the person charged may really be the victim, who was trying to defend themselves. If charged, you may have the legal justification of self-defense available to you. You will need a lawyer who can gather the evidence through in-depth investigation and fight to get your charges dismissed.
Additionally, misunderstandings and even false allegations can lead to charges of domestic violence. It is important to note that some prosecutors will continue with a case even if the victim is not interested in going forward. Whatever the circumstances surrounding your innocence, McElfresh Law will deliver strong criminal representation in San Diego, California.
Why You Need a San Diego Domestic Violence Lawyer
If you are charged with domestic violence, you should not fight the system alone. You need a trusted legal advocate with the knowledge and experience to get you out of jail and back to your life. Here are some good reasons to hire McElfresh Law if you are charged with domestic abuse:
- You could serve prison time – Domestic abuse laws are there to protect victims, who because of their relationship with the accused person, is not able to truly protect themselves. The offense can be charged as a misdemeanor or a felony. In either case, if found guilty, you could be facing incarceration.
- You may be removed from your family – Because the crime involves violent behavior toward a person who is living in your home, generally the charge of domestic violence also comes with a restraining order. This can have a crippling effect on your family life and your finances. You will need a San Diego domestic violence attorney, who will efficiently manage your case, and where possible get your charge dismissed to restore your life to normal.
- Domestic violence cases are emotional – Emotions run high in a domestic abuse case. Often times the motivations and evidence in these cases can be infused with hurt feelings, anger, and even the desire for revenge. You may find yourself on the wrong side of a malicious lover, determined to send you to jail. You will need a diligent legal representative, who will fearlessly present your defense.
If you find yourself entangled in a difficult domestic situation and facing domestic violence charges, you will want to make sure you have the strong domestic violence attorney on your side. McElfresh Law has years of experience working with prosecutors to get charges dismissed for our innocent clients. Additionally, we will work tirelessly to defend you if your case should go to trial.