San Diego Domestic Violence Defense Lawyer and Attorney

San Diego domestic violence charges? Domestic violence is an act of physical violence in the home. Domestic violence is usually perpetrated by the woman's partner but a woman can also be charged with domestic violence against her partner. Spousal abuse, assault, battery, threatening phone calls, stalking and intentional interference of communication are all domestic violence offenses in San Diego.

Domestic abuse is one of the most misunderstood crimes in 21st century America.  Part of the confusion that stems from this situation is the definition of spousal abuse varies from municipality to municipality, and even from person to person.  What one person might consider justified may to another appear to be severely abusive and potentially dangerous.

Our team of attorneys at San Diego Defense Lawyers is well versed in the complexities of domestic violence law. We know that although most people think of domestic violence as some sort of abuse involving a man and a woman the statutes in this area of law actually are far more expansive. In addition to the abuse of a domestic partner these laws also apply to child neglect, elder abuse, stalking, threats, emotional abuse and other types of abusive behavior toward another person. We have represented clients in every courthouse in San Diego with personalized, affordable counsel that provides defendants access to justice through attorneys thoroughly familiar with the laws, prosecutors and judges of San Diego County.

Every situation and every case is different and we offer you free consultation to fully inform you of your legal options. We will take into consideration the motivations involved in the incident, the degree of injuries, if any, and whether there were prior acts of similar conduct, all of which affect the decisions of prosecutors as to whether to file a case or not or whether to charge as a misdemeanor or felony. Some cases are termed “wobblers,” which means they can wind up being either felonies or misdemeanors, reducing the sentencing options from prison to local jail time or probation.

If convicted of domestic violence, a defendant will have to undergo and complete a year-long domestic violence classroom program and likely be ordered to not have contact with the victim. However, the key to the severity of the punishment is to have the best legal representation that will work to getting you the best possible deal through our contacts and experience that have enabled us in the past to have many such cases reduced to lesser charges or even a dismissal.

Common questions on domestic violence restraining orders in San Diego, Ca.

This page was written to provide some basic information on how a domestic violence restraining order works, and how to go about getting one in San Diego county.

Q. What is a domestic violence restraining order?
A. It is a written court order document that helps protect people from either physical or emotional abuse.

Q. How can I get a restraining order started in San Diego County?
A. You can ask a San Diego, California court for a restraining order if the following applies.
-  A person has abused you, and
 - You have a close relationship with that person including: Married or registered domestic partners, divorced, separated, dating or used to date,  you live together or used to live together, or you are related family member such as parent, child, brother, sister, grandmother, grandfather, in-law.

The law doesn’t work for roommates; you have to be more involved than just roommates.

Q. What if I don't qualify for a restraining order?
A. If you don't qualify, there are other kinds of orders you can apply for:

 - Civil harassment orders: These can be used for neighbors, roommates, and co-workers.
 - Dependent adult or elder abuse restraining order.

Q. Once I apply for a domestic violence restraining order how soon can I get the order?
A. Most judges in San Diego county will decide whether or not to issue the order by the next business day.

Q. How will a restraining order help me?
A. It can order the restrained person to:

 - Not contact or go near you, your children, other relatives, or others who live with you
 - Not have a gun
 - Move out of your house
 - Follow child custody and visitation orders
 - Pay child support
 - Pay spousal or partner support

Q. How long does the order last?
A. The first restraining order is called a "temporary" and the order lasts until your next court date. At that time, the judge will decide to continue or cancel the order. The order could last for up to 5 years. Child custody orders have different end dates and usually last until the child turns 18.

Q. How much does it cost to get a restraining order?
A. There is no cost for any type of restraining order.

Q. I’m a green card holding immigrant, can I get a restraining order?
A. Yes , you can still get a restraining order. If you are worried about deportation, talk to an immigration lawyer.

Q. Do I have to go to court?
A. Yes. Go to court on the date the clerk gives you. If you do not, your order will end.

Q. Do I need a lawyer to get a restraining order?

A. No. But it is a good idea, especially if you have children, contact us today for a free case review..

Your rights and hiring a domestic violence lawyer in San Diego.

Unfortunately, the harsh truth is that most people accused of domestic violence often find themselves without a proper understanding of their rights, and what they can do to get the help they need.  A small bit of legal advice can make an enormous difference throughout domestic violence proceedings, and our dedicated and experienced domestic violence lawyers can help you resolve your case with the discretion and sensitivity it deserves.

It is very important to keep in mind that once a domestic violence call has been made in San Diego, the local authorities will continue with prosecution with or without the help of the battered person. San Diego law enforcement will still press charges regardless if there are witnesses or if there has been reconciliation between the partners.

Caifornia Domestic Violence Laws have been updated in 2001 to increase protection to not only between two married people, but also to former spouses and cohabitants (Penal Code §243(e) and 273.5)

If you have been charged with domestic violence in San Diego and need a San Diego domestic violence lawyer , please contact Steigerwalt Law Firm today!