San Luis Obispo Domestic Violence Defense Attorney
Call (805) 288-7078 for Hard-Hitting Defense
Have you been charged with domestic violence in San Luis Obispo? Your reputation,
freedom, and future all depend on you working with an experienced criminal
defense attorney. At
The Law Office of Trace Milan we offer aggressive, insightful advocacy to help you overcome your charges.
Why Choose Our San Luis Obispo Domestic Violence Lawyer?
- Extensive trial experience
- Personal attention in every case
- Flat rate, payment plans, and no hidden legal fees
- Flexible appointment times for your initial consultation
For compassionate, trial-tested defense, call (805) 288-7078 or
email us today for an initial case review!
Are you concerned about the legal cost of getting a good defense? At our
criminal defense law firm, not only do we operate on a flat rate fee, but you will know
the cost upfront. There will be no unpleasant surprises. We can further
work with you to create a manageable payment plan so that you can get
the advocacy you need now without worrying about your financial future.
Explore our page to learn more about domestic violence cases:
What Constitutes Domestic Violence?
While it is against the law to commit
assault,
battery, or make a criminal threat against anyone, offenses of this type can be
much more serious if they are committed against someone with whom a person
shares a familial or intimate relationship. California’s domestic
violence laws seek to deter these types of acts by imposing harsher consequences
and granting special protections to domestic violence victims, such as
emergency protective orders and restraining orders.
A
violent act against any of the following parties can result in a domestic violence charge:
-
Current or former spouse
- Cohabitant
- Fiancé
- Dating partner
- Parent with whom a person has a child
Types of Domestic Violence/Domestic Abuse in CA
According to California domestic violence laws, using physical force against
a household member or intimate partner is a criminal offense.
Acts that can be charged as domestic violence include:
- Domestic battery
- Child abuse
- Child endangerment
- Child neglect
- Elder abuse
- Making criminal threats of harm
- Causing damage to a telephone line or phone
- Revenge porn (and other cyber harassment)
-
Damage to property
- Bodily injury to a spouse or cohabitant
- Stalking
- Violating a restraining order
In some cases, domestic violence charges do not even require proof of injury.
Unlawful touching or causing someone to fear harm is sometimes enough
for a prosecutor to pursue a case.
CA Domestic Violence Penalties
Depending on the specifics, an alleged act of domestic violence can be
charged as either a misdemeanor or a felony and expose a person to up
to four years in prison and up to $6,000 in fines and jail or prison time.
These penalties can increase in severity depending on a person’s
prior convictions and the severity of a victim’s injuries. The defendant
may also be ordered to attend batterer's counseling courses, anger management
courses, and/or community service. Those who are convicted of domestic
violence are also prohibited from owning or using firearms.
What If the Alleged Victim Wants to Drop Charges?
What makes domestic violence charges even more complex is the fact that
the prosecutors decide whether charges should be pressed, not the alleged
victim. The prosecutor only looks at the available evidence in deciding
whether to continue a case, not the willingness of the alleged victim.
The reason for this is because prosecutors are aware that alleged victims
can be susceptible to intimidation or pressure from the defendant due
to their intimate relationship. Although a case may become weaker without
a cooperating victim, it is still possible for prosecutors to build a
solid case.
Do You Have a Restraining Order Against You?
Our San Luis Obispo criminal defense law firm can also defend clients who
have been served with restraining orders and those accused of violating
restraining orders. We can guide you through the proceedings and fight
to protect your reputation.
Restraining orders are public record and can be viewed by potential landlords
and employers, which means you may have trouble finding employment and
housing if one has been issued against you. Such a blemish on your record
can haunt you wherever you go and ruin your reputation.
We can help present your side of the story to the judge and include solid
evidence that weakens the case against you. Our legal team knows how to
reach an effective outcome in a wide range of restraining order matters
– as well as identify orders motivated by questionable reasons,
such as to gain an unfair advantage in custody battles or out of spite.
Defenses for Domestic Violence Charges
If you are facing charges of domestic violence, a skilled attorney from
our firm can contest the prosecutions claims and craft a strategy that
maximizes your chances of securing a favorable outcome for your situation.
We believe that everyone is innocent until proven guilty, and we are prepared
to stand by your side every step of the way during this difficult time.
We may be able to employ the following strategies in your defense:
1. Deliberately false allegations: Many claims of domestic violence are unfounded, stemming from spiteful
claims made by an alleged “victim” during a heated argument
or to gain the upper hand in a child custody or divorce case. We can search
for inconsistencies in your accuser’s story and compare their testimony
to those of police and eyewitnesses.
2. Self-defense: Were you trying to protect yourself or your children from an aggressor
or imminent threat?
3. Insufficient evidence: Oftentimes, a defendant’s best strategy is to expose weaknesses
in the opposition’s argument. If the prosecution fails to meet the
burden of proof, you cannot be convicted.
4. Wrong suspect: It may be possible to prove that someone else was responsible for the alleged
abuse. Our firm can examine the evidence and determine if you have a reasonable alibi.
Asserting Your Legal Rights After a Domestic Violence Arrest
In these confusing, emotionally charged cases, what you say can easily
be twisted and used against you, whether you are speaking to an officer
or trying to explain your side of the story.
It is critical that you exercise your right to remain silent and your right
to an attorney. Don't answer any questions unless your attorney is present to avoid self-incrimination.
At The Law Office of Trace Milan, our legal advocate has the extensive
legal knowledge to make sure that your voice is heard in court and that
you are treated fairly and humanely in the criminal justice system.
Whether a contested family law case or a misunderstanding led to wrongful
charges being filed against you, we are prepared with the experience,
resolve, and skill to clear your name and protect your future. Find out
how we can get your charges reduced or dismissed when you contact our
San Luis Obispo domestic violence attorney today.
Call (805) 288-7078 or
schedule your consultation online to start your defense! We accept cases all along the Central Coast.
