Defending Against Domestic Violence Allegations in California

Being accused of a domestic violence offense can tear your life apart. You are likely to be subject to a protective or restraining order that limits where you can go and who you can talk to. People look at you differently. And the situation can get much worse if you are convicted. It is vital to take the most effective steps you can to defend yourself.

That usually starts with getting advice from an experienced defense lawyer who understands how to defend against domestic violence allegations. The system in California is set up to protect those who claim to be victims, so it can feel like you’re being treated as guilty without a chance to tell your side of the story.

You do have opportunities for defense, but they are limited. It is essential to take advantage of every opportunity to protect your future.

Make Certain You Understand How to Comply with Protective Orders

In many domestic violence cases, a protective or restraining order is put in place to insulate the alleged victim from the person who allegedly poses a risk of harm. Police may request an emergency protective order, or the court can issue a criminal protective order. Or the person who made the accusations can go to civil court on their own to request a restraining order. There may be more than one order in effect at a given time.

It is absolutely critical to understand which orders are in effect and what types of behavior they prohibit. If you violate any of the terms, even accidentally, it is considered a separate criminal offense in addition to the domestic violence offense, increasing your potential penalties. It also makes you look dangerous or irresponsible or both, which can harm your defense efforts.

Your defense lawyer should be able to explain precisely what you can and cannot do while the order is in place. Something that seems innocent, such as a social media post or a message sent to your child through a friend, could be considered a violation of the order. In some cases, your attorney may be able to argue for less restrictive terms in an order. But until you have official approval from the court, do not do anything that could violate the order, even if the alleged victim initiates contact and says it’s “ok.”

The Term “Domestic Violence” Includes a Wide Range of Criminal Offenses

Once you understand how to avoid violation of any orders that are in place, it is important to understand the charges levied against you. Domestic violence is not a single crime. Instead, it is a label applied to various types of conduct when it involves two or more people in a dating or domestic relationship.

Section 13700 of the California Penal Code defines domestic violence as “abuse” that is committed between:

• Spouses or former spouses
• People who have parented a child together
• People who lived together in a substantial relationship or who used to live together
• People who dated, including those who were or are engaged to be married

For purposes of some family law matters, domestic violence also includes abuse committed by any blood relative or certain individuals related by marriage.

The relationship is one part of the equation. The other part is the conduct labeled as “abuse.” In the criminal law section cited above, “abuse” is defined as an action that either causes bodily harm or attempts to cause bodily harm or that causes another person to reasonably fear that someone is in danger of imminent serious bodily harm. This action must be intentional or reckless to be considered domestic violence. The definition of abuse in the family law sections also includes sexual assault and could potentially include other forms of conduct.

Some types of conduct that are considered abuse and therefore domestic violence are much more serious and are penalized much more harshly. It is important to know what elements the prosecution will need to prove for the offense alleged in your case and the most effective defenses available in your situation.

Defense Strategies in Domestic Violence Situations

It is wise to begin working on a comprehensive defense strategy as soon as allegations arise, even if criminal charges have not yet been filed. Prompt action could prevent charges from being filed or allow for a successful attempt to get charges dismissed quickly.

Broadly speaking, a defense strategy could include:

• Reducing the likelihood of additional allegations (such as complying with protective orders)
• Understanding the extent of accusations and criminal charges
• Determining what evidence is available that can reveal the truth of what happened. Were there witnesses? Video evidence from security cameras or doorbells? Records of text messages or other communications?
• Assessing the strengths and weaknesses of the prosecution’s case. What elements must be proven, and which ones can be disputed?
• Assessing which affirmative defenses can be applied and the evidence available to support each
• Evaluating options for alternative consequences

For example, it may be possible to argue that actions were taken in self-defense or to defend someone else present, such as a child. If police failed to make appropriate efforts to determine who the dominant aggressor in the incident was, that can bolster a defense argument. Many times, people assume the first person to act with anger or animosity, or the first one to make contact, is the dominant aggressor. But in actuality it is the person whose actions were most significant that should be considered the dominant aggressor.

False accusations of domestic violence are unfortunately quite common, sometimes for revenge and other times to gain an advantage in a child custody or divorce proceeding. If it is possible to prove that the person making the accusations lied in any statements made to the police, then it may be easier to disprove or sow reasonable doubt about the elements necessary for a conviction.

Defense efforts are closely tailored to the facts of each situation, so it is not possible to describe everything they should include in a general blog like this. What is certain, however, is that you deserve to work with an attorney who is prepared to exploit every reasonable avenue for defense.

Get Started on Your Defense Now

The court of public opinion starts working against you right away when you’re accused of domestic violence, so it is important to act quickly to protect yourself. At Berkowitz Law, we have extensive experience defending those accused of domestic violence in a wide range of circumstances, and we know how to obtain the best options for our clients. Contact us now to learn how we could work to protect your rights and your future if you’re facing domestic violence allegations in California.