Often, only the defendant and alleged victim know the truth of what happened leading up to an arrest on domestic violence charges. By the time the police arrive, any potentially criminal activity is often over. And there may be no witnesses besides the alleged victim and accused person. As a result, misunderstandings are not uncommon. Police in the San Diego area have a mandate to make an arrest if they have probable cause to believe domestic violence occurred. But such things are not always clear. What might appear to be clear domestic abuse at the scene could have a reasonable explanation. C ..read more

Getting charged with domestic violence can be frightening. Being accused of assaulting your spouse, partner, child or other family member in your home can feel like your world is falling apart. Along with potentially getting thrown out of your home and prohibited from seeing your children, you could be facing serious jail time and a very troubling criminal record. But keep in mind that a domestic violence charge does not automatically mean a conviction in California. San Diego County prosecutors choose to drop domestic assault charges routinely for various reasons, including: Lack of evidence ..read more

Domestic violence is just as much of a problem in U.S. military families as it is for the civilian population. With tens of thousands of victims, many observers say the military is not doing enough to prevent abuse and prosecute offenders. Since 2018, domestic violence has been a distinct crime in the Uniform Code of Military Justice, instead of suspects being charged with general assault or other crimes. This move and a 2021 study by the Government Accountability Office about domestic violence incidents in servicemember families show that the government and military are taking the issue incre ..read more

In San Diego, everyone charged with a crime is presumed innocent until proven guilty. But this applies only to the court of law. The court of public opinion is a different matter. Just getting arrested, especially on a sensitive charge like domestic violence, can profoundly impact your life before you have had your day in court. Family and friends take sides, often assuming things about your case. A restraining order could force you out of your home and stop you from seeing your children. Once your employer finds out about the charge, they might punish or fire you. TV producer/actor fired due ..read more

Having a restraining order imposed on you is not the same thing as being sent to jail, but it still has a huge impact on your freedom. Depending on the terms of the order, you could be prohibited from being near your spouse, partner and/or children. You could even be forced to move out of your home or quit your job if you live or work with the person who obtained the order. Thus, contesting the petition for a permanent restraining order against you makes sense most of the time. The stakes are too high to ignore the hearing where you get your chance to show that the evidence is not sufficient f ..read more

Though it gets less media attention than domestic violence and sexual abuse, emotional abuse is a significant problem in San Diego. You might wonder if an argument with your spouse or child could turn into an accusation of emotional abuse — and if that could mean getting arrested and charged with a crime. Emotional or psychological abuse includes things like the following: Using insulting names, such as “stupid” or “ugly” Threatening physical harm Threatening to harm yourself Getting angry in a frightening way Being controlling, such as telling someone what they can eat or wear Jealousy, such ..read more

If you’ve been accused of domestic violence and related charges, the accuser may allege false imprisonment. There’s a very serious charge that means you held them somewhere against their will and restricted their ability to leave, despite having no authority to do so. He said, she said The problem with the situation like this is it could become difficult to determine who is telling the truth. You say that one thing happened; your partner says that another thing took place. What is the truth of the matter? Is it just that you both see the same events in different ways? One important thing to re ..read more

If you asked most people to define domestic violence, they would likely describe a physical attack of some sort on a spouse or romantic partner. In California, however, the laws covering domestic violence go much further than that and include threats and intimidation, as well as destruction of property. But where is the line between simple angry rhetoric in the heat of an argument and an actual violation of the law? What does the penal code say? In certain cases, a court will easily differentiate between words you say in anger but do not really mean and an immediate threat. In other cases, the ..read more

If you face charges for domestic violence in California, you are most likely wondering what kind of punishment you could receive if convicted. Of course, you hope to see the charges dismissed or receive an acquittal at trial, but you should be aware of the possible penalties in case of a conviction. Understanding California law California law has two main penal codes that address domestic violence: Section 243(e) – This is a misdemeanor charge of battery of a cohabitant or spouse and tends to include minor incidents. Penalties may include a fine of up to $2,000 and up to one year in jail. Sect ..read more

The United States created a freedom that has seldom been seen in history.  Our system of government has been a beacon for the modern world. Is it perfect.  Yes, in its ideals.  It allows each generation to take the system to make it better.  The ability to change is a key element.  Our amendments have moved our country along through the years. Freedom is not free.  It is something to fight for.  Part of that fight is the ability to stand up to those who want to corrupt our framework.  It is a solid foundation, but still open to people who run counter to ..read more