Domestic Violence Lawyers in San Diego

Committed Service for the Most Difficult Issues in Family Law

Domestic violence is a serious issue that plagues many in our country. Abusive spouses, family members, and former partners can cause innocent victims to constantly live in fear. Domestic abuse is often used as a means of control. Unfortunately, it’s also the case that false allegations can lead to improper domestic violence charges — and this is sometimes used to achieve a certain outcome in family law cases. Put simply, this matter is a legally complex one that requires delicate handling. A domestic violence lawyer in San Diego may be able to help.

At Khosroabadi & Hill, APC, our dedicated team of legal professionals understands what you’re going through. We’ve helped many people escape abusive relationships, secure fair outcomes in divorce proceedings, and overcome untrue allegations levied by an alleged victim. Whatever your specific situation may be, it’s imperative to have legal representation who has handled cases involving domestic battery and other forms of abuse. That’s exactly what you’ll find at our law firm. Domestic violence laws are complex, so make sure to work with an experienced domestic violence attorney in San Diego.

What Should a Person Do if Facing Violence or Abuse in California?

There are various sections under the California Penal Code that deal with domestic violence and other forms of abuse. Whether you’re facing criminal threats or have already suffered physical injury — and particularly if child abuse is occurring — it’s imperative to file charges with the police. You should also seek a restraining order to minimize the risk of further abuse.

Whether your abuser’s actions constitute “Corporal Injury” (e.g., Penal Code 273.5), stalking (e.g., Penal Code 422), domestic battery [e.g., Penal Code 243(e)(1)], or any other violation under the law, the process of seeking a restraining order is very similar:

Contact police: While not a necessary part of seeking a restraining order, you should always contact authorities if you’re in immediate danger. Even if you suffered no visible physical injury, contacting police could save your life
Understand domestic violence: Does your situation qualify as abuse? This term is broad and covers many inappropriate actions — ranging from stalking and physical threats to physical harm and financial abuse
Find out if you qualify: If you are currently or were formerly in an intimate relationship with an abuser, you likely qualify for a restraining order. However, the same is true for family members and individuals who cohabitate (e.g., roommates)
Gather evidence: Having evidence to back up your claims can improve your odds of getting a restraining order. Evidence can include texts, photos, witness statements, and police reports
Determine the right restraining order: There are multiple types of orders. A temporary restraining order provides immediate protection until a hearing can be held. A permanent order can last for years or be made permanent following a court hearing
Fill out necessary forms: Unfortunately, there are several forms necessary when going through the filing process. A domestic violence lawyer in San Diego can help you navigate this complex procedure
Submit your forms: All necessary forms need to be submitted to the local courthouse
Serve the order: Have law enforcement or a professional process server formerly serve your abuser with paperwork. You cannot do this yourself
Prepare and attend court hearing: When the day comes to present your case to the judge, make sure you’re fully prepared. Be clear and concise about the abuse you or your child has suffered

The justice system can be incredibly difficult to navigate. However, an experienced domestic violence lawyer in San Diego can help you seek an emergency protective order, understand your rights under the law, and guide you through the legal process of getting a divorce or safeguarding your children if your situation warrants it. No one should have to experience emotional, verbal, or physical abuse — and when you’re ready to take yourself out of such a situation, our law office is here to help.

How Do Domestic Violence Cases Affect Other Areas of Family Law?

If you’re facing abuse in San Diego County, you may wonder whether filing a police report is necessary. Perhaps you’re already getting a divorce, and you think you can get out of the situation without filing a domestic violence charge against your former partner. Then again, maybe you’re content with knowing that your ex would never harm your child. Regardless of your situation, these and other assumptions can be disastrous. That’s because domestic violence cases can greatly affect other areas of family law.

For instance, did you know that all child custody and visitation decisions are made with the best interests of the child in mind? Every judge will consider domestic violence allegations when they’re levied in a divorce and child custody battle. If they feel that the child’s other parent being around them will be detrimental to their well-being, they may require monitored visitation or remove their rights entirely. This will sometimes be necessary to protect you and your child.

It’s also the case that the victim in a domestic violence situation may be able to obtain a better outcome in matters of alimony and property division — and even secure accelerated proceedings in their divorce. There are even instances when a judge has ordered the alleged abuser to pay the legal fees of their former partner. If you’re in a situation where the courts are considering a domestic violence incident, there are too many variables to predict an outcome accurately. That’s why you need a knowledgeable legal professional on your side.

What Happens on the Criminal Law Side?

Any criminal defense attorney can tell you that a domestic violence charge is a serious offense. In fact, California law requires mandatory arrests — meaning police have no option but to make an arrest if they believe evidence shows abuse has occurred. Once an arrest occurs, the accused will have the option to either plead guilty or go to trial. In many instances, defense attorneys recommend their clients take a plea deal. This can reduce potential penalties while avoiding a trial.

How the criminal justice system plays out will depend upon whether someone is charged with domestic violence misdemeanor or felony. The former can result in up to one year in jail. However, a felony conviction can land the defendant in prison for four years — and this is when there are no additional charges or aggravating factors. For instance, sexual assault charged in addition to physical abuse could result in an additional prison term of a decade or more.

When abuse allegations make their way to the criminal justice system, there can be a significant effect on family law. For instance, the charges or conviction could be used as evidence that a restraining order is appropriate. It could also be used as evidence during a divorce to secure a more favorable outcome in matters of child custody, alimony, and other issues. However, a criminal conviction is no guarantee — so take the time to discuss your case with a legal professional today.

What if You’re Wrongfully Accused in a Domestic Violence Case?

It’s an unfortunate reality, but not all domestic violence allegations are anchored in truth. It’s not uncommon for someone’s current or former spouse to levy false accusations against them as an act of revenge or to secure a better outcome in the legal system. Since these allegations can affect many other areas of family law, it’s important for a person to work with an experienced attorney after being wrongfully accused of a domestic violence offense.

If you’re worried that the courts may not believe you, your concerns are extremely valid. Even if your former partner doesn’t file domestic violence charges, just the allegation made in open court can hinder your chance of securing fair outcomes in family law cases. Sadly, false allegations are most common during divorce and child custody cases. It’s also the case that many male victims of domestic violence are threatened with false allegations by their abusers.

Whether you’re accused of sexual assault, domestic battery, or any other form of abuse, you may be best served by working with a San Diego domestic violence lawyer. While family law attorneys don’t typically provide criminal defense services, the fact is that allegations of spousal abuse will likely land you in multiple courtrooms. It’s imperative to have the right attorney for the job in each situation, and in family law cases, our law firm can provide the dedicated service you deserve.

Can Abuse Affect the Potential of an Uncontested Divorce?

If there’s sufficient evidence that abuse has occurred, the implications for family law matters are monumental. In fact, it could actually affect a couple’s ability to secure a fair, uncontested divorce. Even if there’s no conviction for a felony or misdemeanor offense, the fear of domestic abuse creates a significant power imbalance between two individuals. The alleged victim may be scared to speak up for themselves when it comes to matters of divorce, and this means they may give up personal property, agree to improper custody orders, and otherwise accept unfair outcomes.

Domestic violence is one of the many issues that make mediation an unadvisable approach to divorce in California. From physical to verbal abuse, the abuser is likely to get a favorable outcome merely because the victim doesn’t want to “rock the boat.” This makes it critical for victims of abuse to work with a San Diego domestic violence lawyer. An experienced attorney can handle necessary negotiations on their behalf and ensure that they’re not being taken advantage of.

Of course, those who are wrongfully accused of abuse should also reach out for legal help. This is especially true if they’re being threatened with criminal charges if they don’t sign on to a certain divorce agreement. No one should ever lie or make threats in order to secure an improper outcome in family law cases, and if you’re facing such a scenario, an experienced legal professional may be able to help you fight back.

Contact a Domestic Violence Attorney in San Diego Today

Family law is one of the most emotionally charged areas of law. Divorce, child custody, property division, child endangerment, and countless other important issues all fall into this category. Unfortunately, domestic violence also qualifies — and in some instances, it’s difficult to secure a fair outcome without an experienced legal professional on your side. California is clear when it comes to domestic violence offenses under criminal law. However, the legal nuances and contradicting statements of those involved can easily complicate matters.

At Khosroabadi & Hill, APC, our law firm is committed to providing the dedicated legal service you need. Whether you’re facing abuse and need to get away or you have a wrongful domestic violence conviction on your record that’s hindering your family law case, we can review your rights and obligations and help you understand an ideal path forward. Emotional abuse, intimate partner violence, and other forms of control can greatly complicate legal matters — as can false accusations. That’s why you need a domestic violence attorney in San Diego on your side.