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Being accused of domestic violence can seriously affect your future. Even before your case goes to court, you may face restraining orders, lose access to your home, and risk your relationship with your children. Domestic abuse cases are taken very seriously under California law, and one arrest can lead to emotional stress, criminal charges, and family law problems like child custody disputes.
Kenney Legal Defense helps people throughout Southern California fight domestic violence charges with strong legal guidance and real courtroom experience. We understand how these cases affect not just your criminal record but also your family, your job, and your future. Whether you're dealing with a domestic battery charge, a false accusation, or a civil restraining order, we're here to protect your rights.
Our San Diego domestic violence lawyer is also a certified criminal law specialist, defending clients in criminal court throughout San Diego.
Facing a domestic violence accusation can be overwhelming. You may feel lost or afraid, especially if you've never been in trouble before. These charges can lead to jail, fines, and court orders that separate you from your family.
Kenney Legal Defense defends your rights, explain every step of the process, and fight for the best outcome. We handle both criminal defense and civil protection matters tied to family law, including domestic violence restraining orders, custody and visitation orders, and issues related to spousal abuse or physical abuse in same-sex or co-habitating couples.
Domestic violence cases can involve many different charges. Some are filed under criminal law, others under California family law.
Here are the types of charges our law firm defends in San Diego County:
Domestic battery under California Penal Code § 243(e)(1) is one of the most common domestic violence charges in San Diego. This charge applies when someone is accused of using force or violence against an intimate partner, spouse, co-parent, or someone they live with, even if there are no visible injuries.
You can be charged based on a simple push, slap, or grab if the other person claims it was unwanted or caused fear. While it is typically a misdemeanor, it can still lead to jail time, fines, mandatory counseling programs like a batterer's intervention course, and a criminal record that affects your future in family court or with child custody matters.
Under California Penal Code § 273.5, it is a felony to willfully cause a physical injury that results in a visible mark or wound on a spouse, cohabiting partner, or someone you share a child with. This charge is more serious than domestic battery because it involves proof of injury (such as bruises, cuts, or swelling) that law enforcement can document in a police report.
These cases often lead to both criminal court charges and long-term effects in family law cases, including domestic violence restraining orders and limits on custody and visitation orders. Prosecutors in San Diego take these charges very seriously and often pursue maximum penalties, especially if children were present during the incident.
A person can be charged with criminal threats under California Penal Code § 422 if they threaten to harm or kill another person in a way that causes real fear, even if they never carry out the threat. This law applies when someone's words, whether said in person, over the phone, or by text, make the other person reasonably afraid for their safety or the safety of someone close to them.
In domestic violence cases, this charge often comes up when there's a history of emotional abuse, harassing phone calls, or threats during an argument. A conviction can lead to jail time, a strike under California's Three Strikes Law, and long-term restraining orders that impact your rights and relationship with your family.
Stalking and harassment charges under California Penal Code § 646.9 apply when someone repeatedly follows, watches, contacts, or threatens another person in a way that causes fear or emotional distress. In the context of domestic violence, this often involves an ex-partner who continues to send messages, show up uninvited, or monitor someone's actions after a breakup.
These charges can lead to both criminal penalties and civil harassment restraining orders issued through family court. If a restraining order is already in place, additional contact may result in further criminal charges. The psychological trauma from stalking is often considered by judges when deciding on custody, permanent restraining orders, and civil protection measures.
Child endangerment, under California Penal Code § 273a, is charged when someone puts a child in a dangerous situation, either through direct physical abuse or by allowing them to be near violence, drugs, or unsafe living conditions. In domestic violence cases, this can happen when a child sees a violent fight, hears threats, or is present during a physical abuse incident between adults.
Even if the child is not physically hurt, exposing them to trauma may lead to child abuse charges or involvement from child protective services. Convictions under this law can affect child custody, trigger family law investigations, and result in serious criminal penalties, including jail and mandatory parenting classes.
First Violation of a Domestic Violence Restraining Order (DVRO):
First Violation of a DVRO with Physical Injury:
Subsequent Violations of a DVRO:
Violation of a DVRO Resulting in Physical Injury:
Felony Domestic Violence Conviction (e.g., Corporal Injury on a Spouse):
Violation of a Protective Order:
If you are accused of domestic violence in San Diego, the court can issue a restraining order fast. These orders are meant to protect the other person and can make you leave your home, stay away from your kids, or stop all contact.
There are different types of restraining orders, and each one works in a different way.
An Emergency Protective Order (EPO) is given by a judge when the police ask for it, usually right after a domestic violence arrest. The EPO can last up to 7 days and can order you to stay away from the other person's home, job, or school. This type of order is meant to give quick protection until the court can look at the case more closely.
A Temporary Restraining Order (TRO) is given when someone says they are in danger and files a request in court. The judge can give this order without hearing your side first. It usually lasts about 3 weeks, until the next court date. During this time, you may not be allowed to talk to or go near the other person. You must follow every part of the order or you could face new criminal charges.
A Permanent Restraining Order (PRO) can be given after a court hearing where both sides tell their story. If the judge believes abuse or danger happened, the order can last up to 5 years. This type of order may also limit child custody, stop you from owning a gun, or require you to move out of your home. Even though it's called “permanent,” the court can change or end it later if things change.
False domestic violence accusations are more common than most people think. A partner may lie or exaggerate to gain an advantage in a divorce, child custody dispute, or out of anger. These accusations can destroy your reputation and your rights.
Our legal counsel looks at every piece of evidence, including police reports, 911 calls, witness statements, and texts. We also use family law rules and criminal defense strategies to show the truth. Our firm fights to protect you from unfair court procedures and false claims that hurt your life and future.
1. Stay Calm and Say Nothing: Do not explain or argue with police. Anything you say can be used against you in court. Stay quiet until you speak with your criminal defense lawyer.
2. Ask for Legal Help Immediately: Request a domestic violence lawyer as soon as possible. Do not rely on advice from officers or family law judge staff. You have a right to legal aid or private legal counsel.
3. Follow the Terms of Any Court Order: If you are served with a temporary restraining order or emergency protective order, follow every part, even if you disagree with it. Violating court orders can lead to new charges.
4. Gather Evidence and Stay Organized: Collect texts, emails, call logs, and names of any witnesses. Make notes about the event, the arrest, and what was said. Write down your case number, court dates, and court locations.
5. Prepare for Both Criminal and Family Court: Domestic violence cases often go through both systems. You may face a jury trial in criminal court and custody hearings in family court. We help you prepare for both and protect your rights at every step.
1. What happens after a 911 call for domestic violence?
Police usually respond quickly. They may arrest someone even without visible injuries if they believe abuse happened.
2. Can I fight a restraining order that's based on lies?
Yes. You can challenge the claims in court, present evidence, and request dismissal of the civil or domestic violence restraining orders.
3. Will I lose child custody if I'm accused of domestic violence?
Possibly. Family law courts consider abuse when deciding custody and visitation. A lawyer can help you protect your rights and present your side.
4. Can I be charged even if my partner doesn't want to press charges?
Yes. Once a report is made, prosecutors decide whether to move forward, not the alleged victim.
If you're facing a domestic violence charge in Orange County or San Diego, get legal help right away. Even one arrest can lead to jail, restraining orders, child custody loss, and a criminal record that affects every part of your life.
Kenney Legal Defense understands how domestic violence cases work across criminal law and family law. We've helped many clients fight charges like domestic battery, stalking, or child endangerment, and we're ready to help you.
We listen to your side, examine the facts, and build a defense that protects your rights, your name, and your future. Whether you're facing a temporary restraining order or a permanent restraining order hearing, we'll guide you through each step.
Contact us now to get a free case quote from a San Diego domestic violence lawyer who truly understands what you're going through.
San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, Vista, San Marcos, La Mesa, Encinitas, and surrounding areas.
