Accused of Domestic Violence? A System That Works Against You.
Domestic violence matters are prosecuted vigorously by the Office of the City Attorney, within the City of San Diego, and the Office of the District Attorney within the County of San Diego. The prosecution has domestic violence attorneys specifically tasked to handling only these types of matters. Over the years, since the O.J. Simpson case, the prosecution has integrated law enforcement, counseling, “victim assistance” and the judges into taking a comprehensive approach to the so-called problems of domestic abuse. There are courtrooms in each branch of the Superior Court devoted only to domestic violence matters. The entire system, in short, is geared entirely against criminal defendants accused of domestic violence.
Get A Domestic Violence Attorney on Your Side As Soon As Possible
Domestic violence allegations typically begin with an arrest. Bail is set at felony-level amounts, even where charges if any will be filed at a misdemeanor level. In any event, a defense attorney must immediately document statements and collect evidence favorable to the defense. These matters tend to be very “fact intensive,” invariably requiring the domestic violence attorney to involve an investigator and staff in the defense of these matters as early in the process as possible.
How a Lawyer Helps in Domestic Violence Cases
In domestic violence matters, prophylactic laws that credit a complaining witness’s untested allegations allow for restraining orders to be temporarily approved – without a hearing – that can have a devastating impact on a criminal defendant. The defense lawyer must begin the process of defending against the possibility of defending emergency protective orders, stay away orders, and domestic violence restraining orders. These are types of restraining orders that may be imposed without any adjudication of guilt and even before the filing of charges. These orders can have devastating impact on child visitation arrangements and asset allocation amongst contentious spouses. In effect, a criminal defendant can be arrested, jailed, and then zoned away from his or her own home and family and belongings for the entire time the case is defended. In fact, some courts can, and do, order protective orders even over the objections of the complaining witness.
This office has extensive experience in defending domestic violence matters from advocating for the non-filing of charges, to contesting restraining orders and successfully defending these matters at jury trial. If you are facing allegations of domestic violence, do not wait to call our domestic violence attorney for accurate and honest advice.