San Diego County Criminal Defense Legal Blog

Domestic violence allegations can unravel a person’s life without evidence that they have done anything wrong; yet, false allegations are more common than most people think. To make matters worse, California courts do not pursue charges against individuals who falsely accuse others of domestic violence. This makes the issue of false allegations more prevalent since anyone can petition the court for a protective order for almost any reason. California is one of more than thirty states in which domestic violence victims do not need proof of a physical assault to receive a protective order from the court. There have been many cases in which individuals sought protective orders against others because they were made to feel “uncomfortable” or made up…

When the court convicts a domestic violence defendant of a domestic abuse crime, part of their sentence may involve probation. Probation is an alternative form of sentencing that allows you to serve your sentence outside of jail or prison. It serves three purposes: protecting the public, restoring the victim, and rehabilitating the offender. A person convicted of a misdemeanor domestic violence offense may face summary probation, while a felony offender may face supervised or formal probation. In both types, the defendant must report to the probation department and abide by a strict set of rules outlined in the terms and conditions of the probation sentence. Breaking a rule is considered a violation of probation, which may lead to new criminal…

In domestic abuse cases, the State of California permits victims to seek protection through protective orders like restraining orders. A domestic violence restraining order is a protective order that requires the alleged abuser to stay a minimum distance away from the person who requested the order. Restraining orders not only require alleged domestic abusers to maintain physical distance from their victims, but they may also carry a long list of restrictions that can become a significant inconvenience to your life. If you’ve been served with the documentation for a restraining order, you must follow the terms closely. Domestic violence restraining orders may make it so that you cannot contact the petitioner, share their home, or see your children if you…

Many people risk their very lives immigrating to the United States. On their journey, they dream of better opportunities to make a living and keep their loved ones safe. The journey can, unfortunately, come to an abrupt end if they incur criminal charges. Any immigrant who enters the country, legally or illegally, may be deported as punishment for committing a crime. A conviction for some criminal charges may also prevent a person from legally re-entering the country after deportation.  Charges for crimes of domestic violence may put you at risk of deportation. If you’ve been arrested for a crime of domestic violence as a non-citizen, you need to contact a San Diego domestic violence defense attorney who understands how a…

Domestic violence remains a serious problem in the United States. According to the CDC, one in four women and one in seven men will experience physical violence by an intimate partner in their lifetime. In 2007, 2,340 deaths were caused by intimate partner violence, which accounted for 14% of all homicides that year. Of the 2,340 victims, 70% were female and 30% were male. Additionally, reports show that 5 million domestic violence acts are committed against women each year in the United States.  Domestic violence is a criminal offense that may be a misdemeanor or felony depending on the details of the charge; however, locking up abusers is insufficient to effect change and accomplish the goal of reducing intimate partner…