Domestic violence is a serious crime in California that can carry lasting consequences. It can be stressful to face these charges based on false allegations. You may be wondering, “How do you beat a domestic violence case in California?” Drury Pullen is here to provide potential options for getting your case dismissed.
About Us
At Drury Pullen, A Professional Law Corporation, we’ve spent decades assisting the people of Santa Barbara and California with their family law matters. Founder Susanna V. Pullen has received various accolades, including being named AV Preeminent by Martindale-Hubbell. Fellow founding attorney Jennifer E. Drury has been published many times and has served as faculty for several accredited law schools. We are prepared to help your defense.
California Domestic Violence Definitions
Domestic violence is defined in California Family Code § 6203 as the intentional attempt or cause of bodily harm to someone you have a personal relationship with. Potential victims can be a current or former romantic partner, cohabitant, child, family member, or any other close relationship.
Domestic violence cases are a prevalent problem throughout California. The Public Policy Institute of California found that in 2023, law enforcement received more than 160,000 calls for domestic violence, or around 18 an hour.
Defenses to Domestic Violence Charges
Domestic violence charges can be daunting to defend against. Merely the accusation without any formal charges can damage your reputation for years. It’s important to know your options when deciding on your defense. The following are a few common defenses that people accused of domestic violence have used in their cases:
Lack of Evidence
Every domestic violence case relies on the prosecution providing ample evidence. Some examples of weak evidence include no witnesses, no physical proof, and the accuser’s story being self-conflicting or changing over time.
In Defense
Some domestic violence cases involve the accused party acting in self-defense or the defense of another. Stressing the deeper reasons why an incident may have occurred can allow the prosecution to empathize with you and show the necessity of any violence. While never ideal, sometimes defending yourself or others requires violent acts.
False & Inaccurate Accusations
False reports and fabricated claims, unfortunately, occur in some domestic violence cases. A thorough investigation can reveal evidence that contradicts any lies. The truth of a situation may require additional time before it’s known.
Accident
Another defense against domestic violence charges is that the incident was an accident. California Penal Code § 273.5 specifies a willful intent to harm. This strategy relies on no existing history of violent behavior and evidence that there was no intention to injure. In addition, you must prove that any altercation was an accident, rather than just the injuries inflicted.
Consent
Some domestic violence cases involve actions that were mutually consented to in the moment. Showing there was an agreement before any harm was inflicted can benefit your chances of having any charges dismissed. In consensual cases, the alleged victim may testify on your behalf.
Hire a Domestic Violence Lawyer
Defending yourself against domestic violence charges can be difficult to litigate on your own. Since the prosecution is always the state of California, they will have an experienced legal team working against you. Hire a domestic violence lawyer who can advocate for your interests. Your Santa Barbara domestic violence lawyer can help determine which defense applies to your case and assist in gathering needed evidence.
A domestic violence attorney can negotiate with the prosecution to find a solution that works for all parties. If it is not possible to get the case dismissed, your lawyer can get charges reduced and lessen any penalties. You don’t have to walk into the Superior Court of Santa Barbara downtown alone.
FAQs
Q: What if Your Accuser Regrets Filing a Domestic Violence Case?
A: In some domestic violence cases, the accuser may regret filing a report. In California, once a domestic violence charge has been filed, it becomes a criminal matter outside the control of the accuser. Domestic violence cases are treated as The State of California vs. the accused. Having the other party testify in your favor may help your case, but it won’t get it automatically dismissed.
Q: How Do Most Domestic Violence Cases End in California?
A: When facing domestic violence allegations, it can be beneficial to know how most cases end. In California, most domestic violence cases either end in dismissal or are settled through a plea bargain before trial. Hiring a domestic violence attorney can make a big difference in getting a case dismissed or getting a satisfactory plea deal.
Q: What Steps Should You Take After a Domestic Violence Charge in California?
A: The immediate steps you take after a domestic violence charge in California can make a drastic difference in the outcome of your case. Some actions to consider include:
- Avoiding contact with the accuser. You may wish to communicate with the party alleging abuse, but any communication can be detrimental to your case.
- Documenting everything. Collect any relevant evidence, such as texts, witness accounts, and as much documentation as possible.
- Maintaining a consistent story. Having a consistent recount throughout your case can lend credibility to your defense.
Q: What Makes a Strong Domestic Violence Defense in California?
A: A strong domestic violence defense is made up of many elements. Whether you have proof of no history of domestic violence, evidence of the relationship’s workings, or witnesses, all can bolster your case. Maintaining civility and distance from the accuser is also important to your defense. Speak with a domestic violence attorney to better understand which details of the situation you should focus on in your defense.
Meet With a Domestic Violence Attorney Today
At Drury Pullen, A Professional Law Corporation, we know how frustrating wrongful domestic violence charges are. Our many years of combined experience and knowledge make us ready to provide the legal guidance you deserve.
Contact us today for an initial consultation so we can learn your story. You may also visit our Santa Barbara office, located in the heart of downtown on East Carrillo Street, a block away from the Superior Court of Santa Barbara and the Santa Barbara Museum of Art.