Domestic Violence Defense Attorney in San Luis Obispo County, CA

We can work with you to create a manageable payment plan so that you can receive the advocacy you need now without worrying about your financial future. Our team also takes pride in providing the following:

• Extensive Trial Experience
• Personal Attention in Every Case
• Flat Rate, Payment Plans, and No Hidden Legal Fees
• Flexible Appointment Times for Your Initial Consultation

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 committed against someone with whom a person shares a familial or intimate relationship.

California’s domestic violence laws seek to deter these 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

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

Domestic violence charges sometimes 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.

Domestic violence charges can range from misdemeanors to felonies, with penalties of up to four years in prison and $6,000 in fines and jail or prison time. The severity of punishment may increase based on prior convictions and the victim’s injuries. Additional consequences may include attending batterer’s counseling courses, anger management courses, and community service. Those who are convicted of domestic violence are also prohibited from owning or using firearms.

Prosecutors can decide if domestic violence charges should be pursued, regardless of the alleged victim’s willingness. Their focus is on the available evidence and not the victim’s cooperation due to the potential for intimidation or pressure within the relationship. Even without a cooperating victim, prosecutors can still build a strong case.

Our law firm can defend individuals with restraining order accusations and violations. Restraining orders can harm your reputation as they are public, potentially impacting housing and employment opportunities. We can assist in presenting your side and evidence to weaken the case against you. Our team handles various restraining order cases and can identify any malicious motives behind them.

• Our skilled attorney can help you contest domestic violence charges and develop a strategy for a favorable outcome. We believe in the presumption of innocence and will support you throughout the process.
• Some defense strategies for domestic violence charges include:
• Deliberately False Allegations: We investigate false claims of domestic violence made during heated arguments or to gain an advantage in legal cases. We scrutinize inconsistencies and compare testimonies for a thorough assessment.
• Self-Defense: Were you trying to protect yourself or your children from an aggressor or imminent threat?
• Insufficient Evidence: A defendant’s best strategy is often to expose weaknesses in the opposition’s argument. If the prosecution fails to meet the burden of proof, you cannot be convicted.
• 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.

In complex, emotionally charged cases, be cautious of what you say, as it can be used against you. You must exercise your right to remain silent and have an attorney present to avoid self-incrimination. At The Law Office of Trace Milan, we ensure your voice is heard, and you receive fair treatment in the criminal justice system.

Whether it’s a family law dispute or a misunderstanding that resulted in false charges, our experienced team is ready to protect your future. Contact us to find out how we can reduce or dismiss your charges.