Solana Beach Domestic Violence Attorney
Whether you are alleging a case of domestic violence or are defending against a charge, it is important that you have legal representation from an experienced family law firm with a proven record of effectively handling domestic violence cases. For such an important — and seriously life-altering situation — you need to be sure to choose someone who will work tirelessly on your behalf.
The Solana Beach domestic violence attorneys at Ratzer|Dobis will strive to obtain a positive outcome for you. We understand both sides of domestic violence cases and will work to ensure you receive objective legal representation that protects your rights. We are dedicated and compassionate, and realize the enormous emotional and physical toll domestic violence can bring to those involved. Our Solana Beach family law attorneys can help you through this difficult time.
Domestic Violence in California
In California, domestic violence is defined as abuse one partner commits against the other while in a marriage or some other intimate relationship. Many different crimes, actions and behaviors can fulfill California’s definition of a domestic violence offense. If you are unsure whether your situation constitutes domestic violence, contact our lawyers for a free consultation. Domestic violence may include:
- Physical assault or abuse
- Verbal abuse
- Social abuse
- Sexual abuse
- Repeated phone calls
At our law firm, our Solana Beach domestic violence attorneys have successfully represented individuals who have been accused of domestic violence and provided solid representation for those in need of professional assistance for anger management issues. For the falsely accused, we provide an aggressive defense and can cast doubt on the allegations by challenging testimonies, evidence and more. If there has been a violent incident, we will work to obtain the proper remedies that can directly address the behavior so the family can move forward with hope and confidence.
What Is Penal Code § 273.5?
You can find California’s official definition of domestic violence in California Penal Code Section 273.5. This criminal law holds that any person who knowingly causes an injury that leads to a traumatic condition to a victim of a certain classification has committed domestic violence. Victims, as described in subdivision (b) of the law, are the offender’s spouse, former spouse, cohabitant, former cohabitant, fiancé/fiancée, former fiancé/fiancée, or the mother or father of the offender’s child. Saying you are the spouse of someone you live with will not necessarily constitute cohabitation under California’s domestic violence law.
Under Penal Code 273.5, a traumatic condition refers to an external or internal wound, including, but not limited to, strangulation, suffocation and blunt force trauma. Domestic violence can involve physical assaults or threats of abuse. Physical assaults can include punching, slapping, hitting, kicking, burning, cutting, restraining or choking the victim. Intentionally physically injuring someone, committing sexual assault, stalking, threatening, harassing, destroying the property of or making the victim fear imminent harm are all examples of domestic violence under California’s law.
Domestic violence or abuse can be mental, emotional or verbal as well as physical. You do not necessarily need to suffer physical injuries to have a domestic violence case, although a nonphysical case can be more difficult to win. Verbal beratement, humiliation, intimidation, isolation or control could constitute the crime of domestic violence as well. If you are the victim of any type of domestic violence in California or if you believe someone will accuse you of this crime, hire an attorney right away to help you with your claim.
Is Domestic Violence a Felony in California?
Committing domestic violence is a felony in California under Penal Code § 273.5. Upon conviction for this crime, the offender will receive a felony upon his or her criminal record. The penalties for this crime are imprisonment in state prison for two to four years, county jail for no more than one year and/or a fine of $6,000 maximum. A subsequent domestic violence conviction within seven years of the first comes with harsher penalties of two to five years and/or fines of up to $10,000. Other potential penalties include probation, restitution for the victim and making payments to a battered women’s shelter.
What Are Potential Defenses to Domestic Violence Charges?
As someone in the defendant’s position, it can be useful to learn about your potential defense strategies. If you are in the plaintiff’s position, an overview of common domestic violence defenses can prepare you for the defendant’s possible arguments. A lawyer from Ratzer|Dobis can help you with your case no matter which side you are on. We prepare custom-tailored legal strategies based on the unique facts of each case and the needs of our clients.
- Wrong defendant
- False accusations
- Unintentionally inflicted injuries
- Defense of others
- Insufficient evidence
- Lack of probable cause
- Police office error
Whether you need to report someone for domestic violence to safeguard you or your family members or you are facing this type of criminal charge in California, our lawyers can help. Discuss your case and what steps to take next in more detail with our attorneys during a free consultation near you. We can listen to your story, offer resolutions and list your legal options. Hiring a lawyer can ensure you protect your rights from the very beginning.
Tailored Legal Representation in Domestic Violence Cases
The efforts of your attorney can make a major difference to the outcome of your case. Whether you are the claimant or defendant in a domestic violence lawsuit, your lawyer can advocate for your rights and best interests using proven legal strategies. At Ratzer|Dobis, we believe in the effectiveness of personalized and personal legal representation. If you are a victim of domestic violence, we can help you by:
- Walking you through the process of obtaining a restraining order
- Speaking with witnesses and gathering testimonies that verify your account of the event
- Collecting relevant documents to be used at trial such as medical record and photographs
- Preparing you for what to expect during the trial process
If you have been accused of domestic violence, or have been a victim of a violent act by a loved one, it’s important that you have lawyers who will protect your rights. Contact us online or call us directly at (858) 793-7700 to find out how our team of experienced Solana Beach domestic violence lawyers can help resolve your case.