Vista Domestic Violence Attorney

Domestic abuse occurs when one person harms someone they are involved in a romantic or sexual relationship with. The romantic or sexual involvement must be genuine and not involve financial gain, so a prostitute cannot be considered an intimate partner under the law. In other words, for someone to be the victim of this class of crimes, they must have suffered from the use of violence, threats of violence, stalking, or vandalism (even of shared property) by:

• A spouse (either husband or wife)
• The other parent of their child
• A person they were romantically cohabiting (living) with
• A person they were romantically or sexually intimate with
• A former spouse, cohabitant, or another person they were formerly intimate with

Are Same-Sex Partners Covered by Domestic Violence Laws?

While many people envision domestic violence as something a man does to a woman, it can also occur in same-sex relationships. Alternatively, in male/female relationships, the woman can be the abuser, and the man can be the victim. If you have been accused of domestic assault by someone you did not have a sexual or intimate relationship with, this may serve as a defense in this crime.

Do Domestic Violence Laws Cover Roommates?

While the law protects “cohabitants,” judges have interpreted this to only cover those living together in an intimate context, even if they have not had sexual intercourse. For this reason, it does not cover roommates —though those accused of violence against roommates can still be charged with assault or battery.

That being said, defining an intimate relationship isn’t always easy. If one person believes they went on dates with the person they live with and the other thinks they just went to dinner as roommates, this could complicate a case. Similarly, if two roommates hooked up only once while drunk a while ago, it would be debatable whether or not they could be considered “intimate partners.”

Domestic Violence Penal Codes in California

Domestic violence is what’s known as an “umbrella term,” meaning it covers an array of criminal offenses, all called by different names. Offenses that fall under this larger category include:

• Corporal injury to a spouse or inhabitant (Penal Code 273.5 (PC))
• Domestic battery (Penal Code 243(e)(1) (PC))
• Making criminal threats (Penal Code 422 (PC))
• Stalking (Penal Code 646.9 (PC))
• Aggravated trespassing (Penal Code 601 (PC))
• Violating restraining orders (Penal Code 273.6 (PC))
• Vandalism (Penal Code 594 (PC))
• Threatening phone calls (Penal Code 653m (PC))
• Damaging a phone line (Penal Code 591 (PC))

If children are present during the attack, you may also be charged with child abuse or child endangerment, even if no one touched the juveniles during the incident.

Corporal Injury to a Spouse or Cohabitant

Corporal injury to a spouse or cohabitant is one of the two most commonly filed domestic abuse crimes in San Diego County. This charge can be filed when someone injures their intimate partner, even if the injury is only minor. Acts that may fall under this offense include obvious violent behaviors such as kicking, punching, and slapping, but can also include things such as throwing an object at someone or restraining someone in a way that causes injury.

Corporal injury is either filed a misdemeanor, punishable by no more than one year in jail, or a felony, punishable by up to four years in prison. While attorneys are always critical to those accused of any domestic violence charge, this is particularly true when the charges are filed as a felony because the consequences are so serious.

Domestic Battery Charges

The other most commonly charged offense of this type is domestic battery, a misdemeanor crime that is less serious than corporal injury to a spouse or cohabitant. Domestic battery occurs when someone uses force or violence against their intimate partner. If someone was emotionally abusive and threatened to act violently, prosecutors may also file this charge. The victim does not need to be injured.

Making Criminal Threats

Many people accused of hurting or threatening their partner are also charged with making criminal threats. This crime occurs when someone threatens to commit a crime likely to result in significant bodily injury or death and causes the victim to fear for their safety. Criminal threats can be either a misdemeanor or felony. Misdemeanor criminal threats carry a maximum one-year jail sentence, whereas felonies are punishable by up to four years in prison and a strike being added to your record.

Stalking Charges

Many people facing these types of allegations are also accused of stalking, which can be filed when someone harasses or threatens another person until the victim fears for their safety or the safety of their family. Stalking can be a misdemeanor or felony, and as a felony, it is punishable by up to three years in prison.

Aggravated Trespassing

When someone takes stalking or criminal threats to another level and makes a criminal threat and then trespasses within 30 days into that person’s home or workplace with the intent to carry the threat out, they have committed aggravated trespass, punishable by up to three years in prison.

Restraining Order Violations

When someone violates a domestic violence restraining order to get close to or communicate with someone the court has forbidden them from contacting, they may be charged with violating a restraining order, a misdemeanor punishable by up to one year in jail. There are many defenses to violating a stay order, including doing so accidentally. If you have been accused of violating a restraining order in Vista, do not talk to the police until you have a domestic violence attorney present.

Vandalism and Domestic Violence

While it’s legal to destroy your own property when angry, damaging communal property or another person’s property is vandalism. San Diego prosecutors may file domestic violence charges if you damaged communal property, even if the victim suffered no physical harm. While these offenses are similar to other vandalism crimes, it’s worth noting that because they occur between domestic partners, there are mandatory penalties.

When the value of the damaged property is less than $400, the charge will be a misdemeanor; otherwise, it may be filed as a felony or misdemeanor. The minimum penalties for misdemeanor domestic violence vandalism charges include a 3-year probationary period, fines, community service, a year-long batterer’s class, and a restraining order. Additionally, those convicted must pay restitution for the damages resulting from their actions. As a felony, this offense is punishable by up to three years imprisonment.

To secure a conviction for this charge, the prosecution must prove that the victim was at least a partial property owner and that you intentionally damaged it. If your attorney can show you accidentally damaged your partner’s possessions or that the destroyed items were yours, you aren’t guilty of this offense.

Child Abuse or Endangerment

While not technically domestic violence because the victims are children and not intimate partners, child abuse and endangerment are regularly filed against those accused of violent acts against intimate partners. In child abuse cases where the defendant has a prior domestic battery or corporal injury charge, prosecutors often use this fact as evidence that the defendant has a violent nature and is, therefore, guilty.

Child abuse can result in a prison sentence of up to three years, whereas child endangerment is usually a misdemeanor punishable by up to six months in jail. When child endangerment places the child at risk of substantial bodily injury, it may be a felony or misdemeanor. As a felony, it can carry a sentence of up to six years in prison. Always work with a top domestic violence attorney in Vista if you have been accused of harming your children or those of others, such as a spouse or girlfriend/boyfriend.

How to Beat a Domestic Violence Charge

Prosecutors use numerous tactics to convince the court that the defendant is guilty, even if the alleged victim later recants their story. A defense lawyer must be familiar with these methods to develop a strategy to counter the charges effectively.

Questioning the Victim’s Original Story

In many of these cases, domestic violence victims recant or change their statements from what they told the police. The prosecution will often claim the victim revised their statement or testimony because of fear of the abuser or the consequences of a conviction.

Your attorney is responsible for finding reasons the original statements are not credible or corroborated by the facts. If the physical evidence doesn’t match the victim’s claims of injuries, the defense can argue the claim was made in haste or anger. The defense can often say that a disgruntled partner called the police to gain leverage in child custody or divorce proceedings. Prosecutors are aware of this and are receptive to evidence that the victim is using a criminal case to gain the upper hand in a family law proceeding. An investigation into the accuser may also reveal the bias or motive of the victim to fabricate an abuse claim.

At the same time that the prosecutor will typically play up the truth in the alleged victim’s story, they will also attempt to show that the defendant’s side of the story is 100% false. This process starts long before the DA even takes over a case and begins when the police first interview you to get your side of the story. Any inconsistency in your story can be used as evidence that you are lying.

It is rarely advisable to talk directly to the police, victim, or prosecutor about the case. A lawyer can explain your side and show extenuating circumstances without requiring you to make statements that can be used against you. In many cases, officers frame their questioning so that they are not required to provide a Miranda warning, which results in the suspect saying more than they would otherwise. With or without a Miranda warning, avoid talking to the police, who have many tactics to get suspects to confess.

If you try to contact a victim who has a restraining order against you, this can result in additional charges, even if you are just trying to apologize or make up. Even without such an order, it’s best to avoid speaking with the victim over the phone.

Showing You Are Not a Violent Person

The prosecution may try to prove that you are a violent person by using past violent crime convictions against you or introducing witnesses to testify that you have a bad temper. Your San Diego domestic violence attorney should counter this by blocking the introduction of evidence when appropriate and providing proof that you are a level-headed, non-violent person who would not hurt your partner.

Investigating the Victim

The prosecutor must provide the victim’s relevant criminal history. However, they have no obligation to independently investigate the character and credibility of the victim. Your lawyer must dig beyond the criminal record to see if the victim has a history of false accusations or violent acts that didn’t result in arrests. If the victim has a history of lying or violent behaviors, they can present this information to the prosecutor and, if necessary, a jury, to prove the victim isn’t as innocent as they claim.