Domestic violence cases are some of the most challenging to navigate, both emotionally and legally. Accusations of violence between intimate partners are particularly serious and should be taken seriously. Defending against wrongful accusations can be even more challenging, particularly in a culture that can be quick to assume guilt. By working with a qualified and experienced Temecula domestic violence lawyer, you can protect your rights and receive fair representation.
Najera Law Group, P.C., offers qualified and experienced representation for those who’ve been accused of domestic violence. Combining compassionate care with diligent defense, our aggressive attorneys can fight to ensure that our clients are not victimized by false accusations.
Unfortunately, false or inaccurate claims are made against partners every day. However, there are options for those who’ve been wrongly accused. A defense attorney can help you leverage effective defense strategies to uphold your own rights and ensure a fair and just outcome in your case.
Families, spouses, intimate partners, dating partners, and even roommates represent some of the closest and most vulnerable relationships we have. All these are considered to be domestic relationships. When violence erupts, or abuse is present in any capacity within these relationships, the results are especially harmful. For this reason, the law remains relatively broad in defining domestic violence.
Domestic violence can occur in many ways, as violations include any act, behavior, or patterns of behavior that cause physical, emotional, or psychological harm against someone in a current or former domestic relationship. Domestic violence includes both minor or severe offenses and can be charged as misdemeanors or felonies, depending on the severity.
Accusations of domestic violence most commonly tend to arise during divorce cases, child custody disputes, and other family law matters. Because convictions can have a significant impact on the outcomes and determinations made during these cases, partners may use these accusations as leverage during the proceedings. Parties may seek to gain a legal advantage over their ex by falsely testifying to alleged abusive behavior.
Unfortunately, false accusations can undermine legitimate claims for families experiencing actual instances of domestic violence.
Domestic violence can be charged as either a misdemeanor or a felony, depending on the severity of the charge. The penalties will also be determined by the circumstances of each case. In general, convictions for domestic violence are as follows:
Convictions for domestic violence can have further impacts on an individual’s life and rights. These convictions will stay on a person’s record, affecting background checks for future job and housing opportunities. They can also greatly affect custody cases, limiting or preventing a parent from having visitation or custody of their child. It is imperative to work closely with a qualified and experienced domestic violence lawyer if you are facing charges of any level.
A: In California, getting a domestic violence case dismissed can be a challenge. Since the state is the one actually prosecuting, the case will only be dismissed at the discretion of the prosecutor, and the state has a “no-drop” policy for these types of family law cases. However, a prosecutor may dismiss a domestic violence case if they no longer believe that there is enough evidence, which can happen if evidence and testimony are properly challenged.
A: Domestic violence cases in Temecula, CA, fall under family law and are generally handled by family court. When domestic violence involves a defendant who is a minor, it may be handled in a juvenile court system. For cases with particularly severe offenses, they may be tried in a criminal court. The state handles the prosecution since domestic violence represents a crime. This means that individuals do not bring domestic violence cases against their alleged abusers.
A: More than a third of California women have experienced some form of domestic violence in their lifetime. Just under a third of men in California have experienced the same. This means that, on average, 1 in 3 individuals will be a victim of some form of physical violence, sexual violence, or stalking by an intimate partner. On average, 1 in 6 homicide victims are killed by an intimate partner. Domestic violence remains an unfortunately common occurrence in all forms.
A: It is difficult to determine the exact percentage of cases that get dismissed because so many offenses are never even reported. In fact, about half of all victims do not report violence to the police. While a victim cannot dismiss a case after reporting it, recanting their testimony removes the key piece of evidence for the case. Other cases may be dismissed because there were procedural errors by the arresting officer or another official.
If you’ve been accused of domestic violence, you need qualified and skilled representation from an experienced attorney. Najera Law Group, P.C., is committed to offering aggressive representation to those who have been falsely accused and can work to defend you against unfounded claims. To learn more about your rights and options, or to get started with a consultation, contact our office today.