Domestic violence cases tend to involve complex and often hotly disputed facts, which can have serious family and criminal implications. At the Law Office of Matthew & Julia Kaemerle, we proudly assist people in communities such as Carlsbad, Encinitas, Vista, and Oceanside with understanding their rights regarding domestic violence situations. Whether you are the party seeking protection after a domestic violence dispute or the party being accused of engaging in domestic violence, our Carlsbad domestic violence lawyers are prepared to help you fight diligently for the outcome that you deserve. While you may think that speaking directly to the authorities is the most efficient way to handle the situation, it could end up causing issues and complications that you may not anticipate. Get an experienced attorney on your side instead.Key Aspects of California Domestic Violence Laws
Many people are surprised to learn that domestic violence laws cover a wide variety of relationships and conduct. In general, California laws make it unlawful to harm or threaten to harm an intimate partner. The types of conduct that qualify as domestic violence include overt acts like hitting, punching, pushing, kicking, and throwing objects, as well as making threats to engage in any of these actions. Sexual assault or making someone reasonably afraid that you will harm them or another individual also constitute domestic violence, as well as harassing, stalking, or destroying someone’s personal property.
When it comes to the types of relationships that can give rise to this situation, dating relationships, marriage relationships, in-laws, roommates, parents of a mutual child, and exes are all encompassed within the law. If you are an individual who has been subject to domestic violence or is fearful that domestic violence is imminent, you can seek a restraining order with the assistance of a domestic violence attorney in the Carlsbad area. The order application must show that a person has abused you or threatened to abuse you and that you have or had a close relationship with that person.Defenses to a Domestic Violence Charge
There are many different defenses that could apply to your situation if you are facing a domestic violence charge. First, the act that the other party is alleging was domestic violence may have been an accident, or it may have been consensual. If you did not have the present mental intent to harm or threaten to harm the other party, you have not engaged in domestic violence.
Another common defense that a Carlsbad domestic violence attorney may explore consists of showing that you were acting in self-defense and that the other party actually instigated the situation. In addition, many parties unfortunately abuse the domestic violence process to make false accusations against a former or current relative or partner. They may do this as a way to retaliate against the accused, to get an advantage in a child custody proceeding, or to make the other person’s life more difficult. Fortunately, there are strict laws that provide penalties for filing a false report. A seasoned domestic violence lawyer can help you assess your situation to assert any and all possible defenses against the charge.
Conversely, if you are a victim in a domestic violence situation, it is important to be aware of the defenses that the defendant may attempt to assert and to be prepared with evidence to refute them. One of the advantages of our legal team is that we have handled both sides of the situation and can anticipate the tactics that the other side is likely to use.Protect Your Interests by Hiring a Domestic Violence Lawyer in Carlsbad
If you are dealing with a domestic violence matter, we are prepared to help you fight for your rights. We can ensure that you are treated with the respect and candor that you deserve during this stressful and daunting time. We have proudly handled cases on behalf of individuals and families throughout North San Diego County, including in Carlsbad, Oceanside, Encinitas, Vista, Del Mar, Escondido, La Jolla, Rancho Santa Fe, San Marcos, Cardiff by the Sea, Fallbrook, Solana Beach, and San Diego. To schedule your free consultation, call us at 760-931-1981 or contact us online. We also can assist with paternity proceedings and other family law matters.