Legal Options If You’re Arrested for Domestic Violence During the Holidays In San Diego

Posted on: December 3rd, 2024 by Dod Law

Arrested for Domestic Violence over the Holidays in San Diego

Incidents of domestic violence tend to increase over the holidays, but not every domestic violence report is a legitimate one. Unfortunately, the holidays are stressful, and not everyone thinks reasonably throughout the winter season. Angry or jealous partners, parents, and even children can use false accusations of domestic violence to retaliate against a loved one.  Learn more about being arrested for domestic violence in San Diego over the holidays.

Should you find yourself accused of domestic violence, rest easy knowing that our domestic violence lawyers at Dod Law can help you protect your rights. We can help break down your legal options if you’re arrested for domestic violence during the holidays so you can stay ahead of someone’s attempts to leverage the criminal system against you.

The Holidays Are a Prime Time For Stress

The holidays bring a lot of added stress to families in California. According to the National Resource Center on Domestic Violence, calls to crisis hotlines increase by an average of 25% between Thanksgiving and New Year’s Day.

In California specifically, the Los Angeles Police Department has reported a 33% spike in domestic violence incidents over the holidays compared to the rest of the year. There are several factors that contribute to this disturbing trend as well, including:

• Increased financial stress from holiday expenses and travel
• More time spent together at home, increasing opportunities for conflict
• Heightened emotions and family tensions
• Increased alcohol consumption at holiday gatherings

Cultivating a Defense Against Accusations of Domestic Violence

The domestic violence defense strategy that your attorney might follow will depend on the facts and circumstances of your case.

Some of the most common defenses that are raised in domestic violence cases include the following:

• Self defense
• Defense of others
• Display of a firearm in defense
• Prevention of a crime
• Alibi defense
• Did not have the required mental state or a lack of intent
• Constitutional rights violations
• False reporting/actual innocence

Your criminal defense attorney will review your case to determine which defenses to raise in your case. At Dod Law, we tailor our strategies to meet each client’s unique situation.

Breaking Down California’s Mandatory Arrest Policies

If you’re involved in a domestic dispute in California, officers can arrest you without actually witnessing the alleged violence – they only need to have probable cause to believe you committed assault or battery.

In other words, if the officer has enough evidence to believe you committed domestic violence, they can arrest you on the spot or shortly thereafter. This law applies to a wide range of relationships, including:

• Spouses and ex-spouses
• Current and former romantic partners (dating, engaged, or cohabiting)
• Your children or your partner’s children
• Relatives by blood or marriage (up to second degree)
• Anyone 65 or older related to you by blood or legal guardianship

In California, the police are required to make an arrest, even if the alleged victim doesn’t want to press charges or later changes their story. This mandatory arrest policy aims to take domestic violence seriously, protect victims, and hold abusers accountable.

Call Dod Law For Experienced Domestic Violence Defense Today

If a spouse, ex-partner, or other party accuses you of domestic violence this holiday season, don’t panic. You have the right to challenge the domestic violence charges brought against you. You can work with our team at Dod Law, and we will gather the evidence you need to point out someone else’s attempts to discredit you or invalidate the prosecution’s attempts to accuse you of assault.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 329-8021 | Orange County office 949-681-7020  | Vista office 760-283-6715 | or schedule an appointment by filling out our online contact form