Carlsbad Domestic Violence Lawyer

Domestic violence is something of a complicated issue in California. These cases can take place in three different court systems: criminal court, family court, and even juvenile court. If you are dealing with domestic violence, whether as the victim or the accused, you need an experienced domestic violence lawyer in Carlsbad to help you navigate the process effectively.

At Ratzer | Dobis, we provide skilled legal representation for clients on both sides of domestic violence charges. Whether you need help protecting yourself and your children against violence or defending against wrongful accusations of abuse, our experienced family violence lawyers in Carlsbad are here for you.

What Is Considered Domestic Violence in California?

In the San Diego area, more than 17,000 domestic violence incidents were reported in 2022 alone. California law defines domestic violence as abuse against a person the perpetrator has a close relationship with, such as:

Their spouse or former spouse
Their cohabitant or former cohabitant
A person whom they are dating or engaged to
A person with whom they have a child
Their child
Anyone else related by blood or affinity

This “close relationship” qualifier is where the “domestic” element of domestic violence comes into play. If someone acts violently toward you with whom you are not in a close relationship, this would be considered assault or another type of criminal violence.

The “violence” in domestic violence can refer to any of the following:

Attempting or causing physical injury
Sexually assaulting the victim
Attacking, striking, or battering the victim
Making the victim fear that they are in danger of serious injury
Threatening or harassing the victim
Destroying the victim’s personal property
Destroying the victim’s mental or emotional peace

If the abuse a person has experienced meets these criteria, they would likely qualify for a domestic violence restraining order (DVRO).

Understanding California Domestic Violence Charges

Domestic violence is not just a civil or family matter in Carlsbad. It can also lead to criminal charges.

A person might be charged with “Corporal Injury on a Spouse or Cohabitant” under Penal Code Section 273.5 if they willfully inflicted a corporal injury upon a person with whom they have a close relationship, resulting in a “traumatic condition.”

“Domestic Battery” under Penal Code Section 243(e)(1) refers to willful or unlawful use of force or violence against an intimate partner with no visible injury or only minor injury.

While domestic battery is usually a misdemeanor, corporal injury on a spouse or cohabitant is a “wobbler” in California, meaning it can be charged as a misdemeanor or felony based on the circumstances.

If you are facing criminal charges for domestic violence, our Carlsbad domestic abuse attorneys can represent you.

Support for Victims of Domestic Violence in Carlsbad

If you are the victim of domestic violence in Carlsbad, our attorneys are here to help you hold the perpetrator accountable and protect your rights. Let us explore your legal options and file a restraining order to shield you and your family from further harm.

Legal Options for Protecting Yourself Against Domestic Violence

Our domestic violence lawyers in Carlsbad understand the fear that often surrounds reporting domestic violence. You may worry that your abuser will find out that you reported them and retaliate against you. We can help.

First, if you are in danger now, call 911 and move to a safe place. If you don’t feel you are in imminent danger, contact our spousal abuse lawyers in Carlsbad for assistance.

We can help you seek an emergency protective order (EPO) from the police, which is an immediate, temporary restraining order. This can keep the abusive person away from you and your family for up to seven days. If your abuser lives with you, the EPO will require them to move out and suspend their custody rights.

Once you have notified the police of the abuse, the district attorney will determine whether to charge the abuser with criminal violence. You do not need to participate in criminal proceedings if you prefer not to.

In the meantime, our Carlsbad restraining order attorneys will help you seek a domestic violence restraining order against your abuser. This can order them to do any of the following:

Not contact you
Stay a certain distance away from you
Not threaten, stalk, harass, or harm you
Move out of your shared home
Forfeit their weapons
Pay spousal support or child support
Follow certain child custody orders

You would file this order in the Superior Court of California for San Diego County.

How Does Domestic Violence Impact Child Custody?

If you share child custody with the person who committed domestic violence, you likely have grounds to alter the custody order. Our domestic violence lawyers in Carlsbad can help you protect your children against domestic violence.

Often, a DVRO offers protections for child custody. An emergency or temporary restraining order can also keep the abuser away from your child for a limited time.

If the person is convicted of domestic violence charges, the court may order them to relinquish custody of their children or even maintain a certain distance from them in perpetuity. Our divorce lawyer in Carlsbad will explore all of your options for keeping your children safe.

Representation for Those Accused of Domestic Violence

If you were accused of domestic violence, you may be feeling overwhelmed, stressed, or even confused. Allow our domestic violence defense attorneys in Carlsbad to guide your next steps and defend against these allegations.

What To Do If You Are Facing Domestic Violence Charges

If the police have charged you with domestic battery or corporal injury on a spouse or cohabitant, cooperate with law enforcement and contact our attorneys as soon as possible. We will help you prepare for your court date. Remember, you are innocent until proven guilty.

Perhaps a spouse also filed a restraining order against you. If you were served with a temporary restraining order, you must follow it; otherwise, you risk being arrested and charged with further crimes.

The temporary restraining order will include a court date. On this date, you will be able to state why you disagree with the restraining order and provide evidence against the allegations in the order. Our domestic battery defense lawyers in Carlsbad will help you prepare for your case and represent you during this hearing.

Potential Defenses for Domestic Violence Charges

Allow our domestic violence lawyers in Carlsbad, CA, to help you craft a compelling defense against your criminal charges. We may use any of the following defenses:

Self-defense: You used reasonable force to stop an attack or protect yourself from violence.
Lack of evidence: If there is no real evidence of your violent behavior, the court won’t have much to go on for a conviction.
False accusations: Perhaps the person made up the instance of domestic violence to punish you.
Unintentionally inflicted injuries: Maybe you did injure the other person, but it was completely accidental.

We can use these defenses in your DVRO case and to help you maintain custody of your children.

Work With Experienced Domestic Violence Lawyers in Carlsbad

If you are dealing with a complex domestic violence case, whether as the victim or alleged perpetrator, you need an experienced legal team that thoroughly understands California’s domestic violence laws, protections, and defenses. Ratzer | Dobis is here to walk you through the domestic violence laws in Carlsbad and bring you peace of mind.

We have represented countless domestic violence clients on both sides of the equation. If you need an experienced family lawyer, contact us today at 858-793-7700 for a free consultation with our domestic violence lawyers in Carlsbad, CA.

Frequently Asked Questions

Is domestic violence a felony in California?

Domestic violence can be charged as a felony in California. If you were charged with corporal injury on a spouse or cohabitant, you will likely initially face felony charges. Our attorneys may be able to assert that your circumstances warrant more lenient treatment and ask the judge to reduce the charges to a misdemeanor.

Can a victim of domestic violence drop the charges?

In California, a victim of domestic violence cannot drop criminal charges. Once the police have begun investigating the violence, it is up to the district attorney to determine whether to pursue charges. However, a victim can drop a domestic violence restraining order.

How quickly can you enact a restraining order in California?

You can request an emergency protective order from the police, which would go into effect immediately. These orders are common in cases where victims call the police for help. They only last for up to seven days; at this time, you would need to file for another type of protective order.

Do you need a domestic violence lawyer?

If you are facing a domestic violence case, having an experienced domestic violence lawyer in Carlsbad on your side can be incredibly helpful. Your attorney can help you understand your legal rights and options. They can guide you through the legal process and help you avoid mistakes that might compromise your case.