In California, special courts are designated to process domestic violence related offenses. The San Diego District Attorney’s Office prosecutes these cases through a special unit known as the Family Protection Unit.

Domestic violence cases are more aggressively prosecuted today because of a change in the political climate and the enactment of tougher state laws. In the past, the police would not arrest a man or woman in a domestic dispute in the absence of clear evidence of serious abuse or obvious injury. Today, the standards for arrest have loosened and anytime police are called to the scene of an alleged domestic dispute, they will arrest someone if anyone at the scene has any type of visible injury, even if the injury is minor. Arrests are often made before any type of thorough investigation is conducted. A 911 call is sufficient for arrest even if the allegation is later proved to be false.

Unfortunately, it is not uncommon that allegations of spousal abuse, ex-spousal abuse, or child endangerment are concocted or dramatically exaggerated because of the emotion of the moment and the tensions/issues that a family or couple may be dealing with. However, allegations of domestic violence carry immediate and significant consequences.

Once the charge is filed, the District Attorney’s office will prosecute the case at a misdemeanor or felony level depending on such factors as the nature of the allegations and the severity of injuries. California law allows the District Attorney to prosecute cases where appropriate even if the accuser later recants their allegation or declines to testify. Mandatory restraining orders will be imposed by the court at the arraignment and will stay in placed until the case is resolved. These restraining orders can seriously disrupt the family unit, add tension to already frayed emotions, and can become quite costly for the family budget.

A domestic violence conviction has serious consequences. Once convicted, the California Penal Code mandates an array of conditions if probation is granted. These conditions can include community service, public work service, or custody. The court will also order a 52 week Domestic Violence Recovery Program (DVRP).

Retaining a skilled and experienced defense attorney is important when defending domestic violence charges. The Law Offices of C Bradley Patton has over 30 years of experience in handling domestic violence charges and restraining orders. Please call our office today for a free consultation.