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    Open 24/7   SD: 619-814-5110 | OC: 949-681-7020 | Vista: 760-814-6025

    Domestic Violence | FAQ

    Frequently Asked Questions

    Domestic violence includes abuse or threats of abuse against:

    • A spouse or former spouse
    • Someone you live with or used to live with
    • A dating or former dating partner
    • The parent of your child
    • Certain close family members

    Abuse can include:

    • Physical violence
    • Threats or intimidation
    • Harassment or stalking
    • Emotional or psychological abuse
    • Sexual abuse
    • Destroying property
    • Disturbing someone’s peace

    California law does not require physical injury for conduct to qualify as domestic violence.

    Possibly. In California, a DUI triggers both a criminal case and a DMV administrative suspension. However, you may be able to challenge the suspension or obtain a restricted license.

    Penalties can include fines, license suspension, DUI school, probation, and possibly jail time. The exact consequences depend on factors like prior offenses, BAC level, and whether anyone was injured.

    After an arrest:

    1. The accused may be taken to jail
    2. Bail may be set
    3. A criminal protective order may be issued
    4. Prosecutors decide whether to file charges
    5. The accused attends the arraignment court

    In many California counties, prosecutors can continue the case even if the alleged victim does not want to press charges.

    Not directly. In California, only the prosecutor can dismiss criminal charges.

    However, the alleged victim’s wishes may influence:

    • Filing decisions
    • Plea negotiations
    • Sentencing
    • Whether the prosecutor proceeds

    Penalties depend on:

    • The specific charge
    • Injury severity
    • Criminal history
    • Whether weapons were involved

    Possible consequences include:

    • Jail or prison time
    • Probation
    • Fines
    • Mandatory batterer’s treatment classes
    • Protective orders
    • Loss of firearm rights
    • Immigration consequences

    Penal Code 243(e)(1) — Domestic Battery

    • Does not require visible injury
    • Covers harmful or offensive touching

    Penal Code 273.5 — Corporal Injury on a Spouse/Cohabitant

    • Requires a visible or traumatic injury
    • Often carries more serious penalties

    A domestic violence restraining order (DVRO) is a court order that can:

    • Require someone to stay away
    • Prevent contact
    • Remove a person from a home
    • Protect children and family members

    Violating a restraining order can result in criminal charges.

    • Temporary restraining orders typically last until the court hearing
    • Permanent restraining orders can last up to 5 years and may sometimes be renewed

    Costs can vary depending on the complexity of the case and the attorney’s experience. Many lawyers offer free consultations and flat-fee pricing.

    Yes. Violating a restraining order is a criminal offense in California and can lead to:

    • Arrest
    • Jail time
    • Additional charges
    • Probation violations

    Yes. California and federal law may prohibit someone convicted of domestic violence from owning or possessing firearms.

    Protective orders can also temporarily restrict firearm possession.

    Yes. Domestic violence offenses may cause:

    • Deportation
    • Visa denial
    • Green card problems
    • Naturalization issues

    Non-citizens should speak with an attorney immediately.

    Potential defenses may include:

    • False accusations
    • Self-defense
    • Lack of evidence
    • Accidental injury
    • Mutual combat
    • Witness credibility issues

    Every case depends on its facts and evidence.

    California officers often follow a “preferred arrest” policy when they believe domestic violence occurred, especially if injuries are visible.

    If you have more questions.  We are here to help provide clear, straightforward answers.  Browse the information below to learn more about frequently asked questions we hear on a regular basis from our clients. Every Situation is unique, and general information may not address the specifics of your case.   Learn more from our domestic violence FAQ.

    Dod Law | Award Winning Criminal Defense

    Speaking directly to an experienced criminal defense lawyer can help you understand your options and protect your rights and freedoms.  Contact Dod Law at (619) 814-5110 for a confidential consultation and take the first step toward protecting your future.  Serving San Diego, Vista and Southern California.  

    Dod Law is an award-winning criminal defense firm dedicated to helping individuals facing domestic violence charges in San Diego and throughout Southern California. If you have been arrested for driving under the influence, speaking directly with an experienced domestic violence defense attorney can make a critical difference in understanding your rights, your options, and the potential outcomes of your case.

    Domestic Violence FAQ

    Domestic violence allegations in San Diego carry severe consequences that can impact your freedom, reputation, and relationships. If you are accused of domestic violence, it is essential to seek skilled legal representation immediately. Dod Law offers comprehensive defense strategies to protect your rights and achieve the best possible outcome in your case.  Learn more about how Dod Law a San Diego domestic violence lawyer, can help.

    At Dod Law, the focus is on protecting your rights, your record, and your future. Whether it involves challenging the legality of the traffic stop, questioning the accuracy of breath or blood tests, or negotiating for reduced charges, the firm takes a strategic and personalized approach to every domestic violence case. The goal is always to minimize the consequences and achieve the best possible outcome.

    Domestic Violence FAQ

    Clients benefit from direct communication, experienced legal guidance, and a commitment to confidentiality at every stage. If you are facing a domestic violence charge, taking prompt action can help you avoid unnecessary penalties and better position your defense.

     

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