San Diego Domestic Violence Lawyer

Domestic Violence Defense

San Diego domestic violence attorney George H. Ramos, Jr. dedicated five years of his career exclusively- and successfully- to prosecuting spousal abuse cases. He went on to train fellow domestic violence prosecutors and law enforcement officials on how to effectively prosecute their cases.

Today, however, he’s on the other side of the courtroom as a highly sought-after San Diego criminal attorney. His previous experience gives his clients a unique and valuable advantage in criminal trials- only the best former prosecutors know the proper strategies to tear apart their former arguments.

George H. Ramos, Jr. has a proven track record of defending San Diego domestic violence cases involving:

• Spousal abuse and infliction of corporal injury or significant pain
• Child abuse / child neglect / child endangerment
• Battery and assault
• Violent criminal threat
• Annoying, harassing, or threatening phone calls
• Repeat offenses
• Restraining order violations

Please contact our San Diego domestic violence lawyer as soon as possible. We can even help gain your release from custody if you are still incarcerated. Contact George H. Ramos, Jr. & Associates today to protect your legal rights if you are facing a domestic violence charge. We offer free case evaluations and will work diligently to get the best possible outcome for your case.

Content

• What questions do we ask to gather evidence for your domestic violence case?
• What are California Penal Code Sections 13700-13702?
• Is domestic violence a felony?
• When is a relationship considered domestic?
• What is California Penal Code 422?
• How do I hire a San Diego domestic violence attorney?

The Upper Hand in Domestic Violence Defense

George H. Ramos, Jr.’s position as a former domestic violence prosecutor provides unparalleled insight, advantages, and resourceful contacts that can directly improve the outcome of your domestic violence case.

As your San Diego domestic violence attorney, he devotes his extensive experience and background to strengthen your case. Having been on the other side as a prosecutor, he has firsthand knowledge of how your prosecutor will prosecute and pursue a domestic violence conviction against you. He will aggressively defend you by exploiting weaknesses in prosecutorial strategy; suppression of victim statements at the scene, including the 911 call; inadmissibility of evidence, including photos and descriptions of alleged prior abuse; thorough cross-examination of the responding officers and assigned detective; and finally, through his weaving of all the above in a cohesive manner to demonstrate the prosecutor’s inability to prove your guilt beyond a reasonable doubt.

Protecting You & Your Rights is Our #1 Priority

Most domestic violence cases consist of at least two vastly different accounts of what actually led to the 911 call and resulted in your arrest – the accuser and yours.   When you hire our law office to defend you, we gather the following evidence in your defense:

a. Have you been the victim of false allegations by a jealous and vindictive girlfriend or jilted lover?

b. Is your accuser building a case against you to gain leverage in a child custody battle?

c. Is your accuser a cohabitant, tenant in common, or joint owner of a property who stands to gain control of your mutual residence by means of a restraining order?

d. Does your accuser stand to gain financial or property assets resulting from the criminal charges against you?

e. Is your accuser keeping your children from you as a form of revenge?

f. Were you acting in justifiable self-defense?

g. Did a fight ensue that resulted in an accidental and unintentional injury?

h. Are you the victim of character defamation and harassment?

i. Have you been the victim of chronic abuse and unusual cruelty?

j. Are you not guilty by reason of temporary insanity?

k. Did you act in the heat of passion?

l. Were you involved in a love triangle?

m. Were you protecting your children, pets, or personal property?

n. What is the character and credibility of your accuser?

o. Are there witnesses who can testify on your behalf?

p. Does your accuser have a history of mental instability or psychiatric problems?

q. Was your accuser taking any medication or narcotics that could have distorted his or her perception of reality?

r. Was your accuser under the influence of alcohol and/or a habitual drinker?

s. Has your accuser ever been involved with social services?

t. What facts would be revealed by a background check of your accuser?

u. Did you sustain any visible injuries or significant pain from the incident?

v. Did you have reason to believe your life was in danger, therefore reacting in a state of fear and panic?

The answers to these questions will likely raise many more questions and/or defenses.  It is in your best interest to call our San Diego domestic violence lawyers as soon as possible at (619) 231-1830.  The sooner you call us, the sooner we can call the prosecutor or detective and provide them with defensible facts that convince them to drop the case and not file criminal charges. Do not delay, your liberty is at stake.

Achieving a Favorable Outcome of Your DV Case

Known among prosecutors, other defense attorneys, and judges as an experienced San Diego trial attorney George H. Ramos, Jr. is the criminal defense attorney you want on your side. His background and extensive experience in handling domestic violence cases work to your advantage. Whether it is dismissed charges, a plea bargain, reduced jail time, or reduced charges, his efforts will circumvent a conviction on more serious charges.

Domestic Violence Misdemeanor to 3rd Strike Felony: Get Legal Help

Whether you feel the charges against you are minor and inconsequential, or conversely think the case against you is concrete and hopeless, George H. Ramos, Jr., strongly advises you not make an attempt at self-representation.  As judges routinely say, “the defendant who represents himself has a fool for a lawyer.”

Defendants who attempt to act as their own legal representation often draw the ire of the judge because not only are they not versed in the procedures of the court, but most importantly, they do not know criminal law.  This dramatically increases their risk of incurring harsh punishment and long-term devastating consequences.

The range in penalties for domestic violence convictions is significant. One can be placed on probation with counseling and public work service, while another can be denied probation and face prison time. Sentencing factors can include prior domestic violence history; the level of violence; injuries; children present; and, other convictions for misdemeanors or felonies. San Diego domestic violence attorney George H. Ramos, Jr. can help mitigate and minimize any potential convictions through his aggressive defense.

What are California Penal Code Sections 13700-13702?

Domestic Violence, or DV, typically involves the physical, emotional, psychological, mental and/or economic domination of a family member, spouse, or non-married intimate partner (also known as “Intimate Partner Violence”) by a person who is a cohabitant, relative, domestic partner, spouse, or former spouse.

Despite the term Domestic “Violence”, an act or crime need not include physical harm or even bodily contact to be charged as DV, and may be merely abusive in nature, rather than actually “violent”.

What is Domestic Violence in California?

Under California Law, there are a variety of different types of abuse considered to be domestic violence. This includes:

• Psychological/emotional abuse. This involves subjecting another person to behavior that may result in psychological trauma such as anxiety, depression, or PTSD. This includes actions such as bullying.
• Sexual battery, sexual assault, and abuse. Almost half of the female and male victims of rape in the U.S. were raped by an acquaintance. Of those, 45.4% of females and 29% of males were raped by an intimate partner.
• Economic abuse. When one intimate partner has control over the other partners’ finances, it can severely diminish the victim’s capacity to support him or herself, and ultimately forces them to depend on the perpetrator financially.
• Spiritual abuse. This is abuse that occurs under the guise of religion and can result in the severe psychological trauma associated with shame, intimidation, and isolation.
• Verbal abuse. Although verbal abuse may not seem like textbook domestic abuse, it can have a profound psychological effect on its victims, especially when intimidation and threats of violence or punishment are part of it.

Other forms of domestic abuse include stalking, child endangerment, physical injury to pets, destruction of personal property, harassment by telephone or electronic devices, throwing objects near the victim or darting toward them, obstruction, false imprisonment, disturbance at the victim’s place of employment, and more. If a domestic violence incident involves child endangerment, the CPS may get involved and you would need to contact a San Diego CPS lawyer.

Is Domestic Violence a Felony?

In the state of California, a charge of domestic violence can be either a felony or a misdemeanor depending on the circumstances. Felony charges generally occur if a serious injury is involved (one that typically requires hospitalization) or the offender has had multiple prior domestic violence arrests or convictions.

Approximately 90% of domestic violence calls lead to felony arrests. However, only a fraction of those lead to felony charges – the vast majority are reduced to misdemeanors or simply not filed.

Because of the serious ramifications of a felony charge, an experienced San Diego domestic violence lawyer is essential to this process. As a former domestic violence prosecutor and trainer, attorney George H. Ramos, Jr. has represented a large number of domestic violence clients through more than 15 years of practice. The vast majority of these cases have led to dismissed charges or even no filings due to this experience.

When is a Relationship Considered Domestic?

Abuse and Violence is considered to be domestic in nature when the perpetrator and victim are related by:

a. marriage; common law husband and wife;

b. domestic partnership; non-married intimate relationship;

c. immediate family member; sibling, daughter, parent, etc.;

d. another consanguinity, or blood relation; cousin, niece, aunt, etc.;

e. a roommate; cohabitant or former cohabitant;

f. two parents with a child in common;

g. persons who date or have been engaged to marry.

Spousal Abuse: California Penal Code 273.5

California Law establishes that spousal abuse (PC 273.5) will be charged as a felony crime when the act results in documented or visible physical injury to the victim, or where a considerable complaint of pain exists.

A spousal abuse charge may also apply for infliction of corporal (bodily) injury upon a person of the opposite sex with whom the perpetrator has had sexual relations or upon a person with whom the abuser produced a child in common, even if the relationship between the parents was not continuous or established.

For a DV crime to be charged as spousal abuse, the victim must be a current or former spouse, a common-law husband or wife, fellow parent, or cohabitant.

Definition of a Cohabitant

Cohabitants are defined as two or more unmarried and otherwise unrelated adults, whether heterosexual, homosexual or bisexual, who have lived together as intimate partners for a considerable length of time and have established some permanency or continuity in their relationship with each other.

Factors are taken into consideration by law enforcement and the judicial system when determining if two persons qualify as cohabitants are:

a. tenants in common; joint property owners; mutual residency;

b. public or social projection of a husband and wife relationship;

c. sexual involvement between persons while living together;

d. sharing of money, income or expenses; joint finances; mutual debt;

e. length and regularity of the relationship.

Child Abuse: California Penal Code 273a(b)

California Penal Code 273a(b) is the general child abuse statute.  One can be accused of child abuse for any of the following:

a. willfully causing or permitting any child to suffer;

b. inflicts unjustifiable pain and suffering;

c. willfully causing or permitting injury;

d. willfully causing or permitting a situation where a child’s person or health is endangered.

Domestic Battery: California Penal Codes 242-243(e)(1)

California Penal Code 243(e)(1) is defined as simple battery against one’s cohabitant, spouse or ex-spouse, joint parent with whom the perpetrator has a child in common, a person to whom the batterer is or has been engaged to wed, or a person with whom the batterer has had sexual relations.

Violent Criminal Threats: California Penal Code 422

California PC 422 pertaining to domestic violence is described as threatening to commit a criminal act resulting in the death or bodily injury of a cohabitant, married partner or ex-spouse, fiancee, or family member.

The threat must contain specific intent. Such a threat delivered in writing, verbally, or electronically is to be taken at face value regardless of the perpetrator’s claim that he or she lacked intent to actually execute the expressed crime.

If the threat is expressed in an immediate, specific, absolute, and unquestionable manner that results in the infliction of sustained fear for the victim’s safety and/or the safety of the victim’s family, the threat will be charged as a domestic violence offense.

Harassing Phone Calls: California Penal Code 653m

California PC 653m declares a criminal act for any person to use the telephone or an electronic media to transmit obscene or threatening messages.

Any person conveying a message by telephone or electronic means which states an intent to inflict injury to a person or property, or a person’s family or familial property, will be charged with a misdemeanor offense.

Any person who makes repeated, harassing, and/or annoying phone calls or sends malicious, menacing, or pestiferous electronic text or email messages to another person’s home, place of work, or mobile communication device will be charged with a misdemeanor offense.

A violation of PC 653m must:

a. be executed in violation of a valid temporary restraining order, court order, protective order, stay away order, or injunction that explicitly prohibits such contact by the ordered to stay away or

b. the repetitive harassment calls or messages are made at a rate of 10 or more in a 24 hour period, regardless of whether the harasser makes actual verbal or other contacts with the victim.

An electronic device is defined as a pager, mobile phone, computer, fax machine, video recorder, telephone, or any other digital receiver or radio.

Don’t face domestic violence charges alone. You need counsel if you are facing DV charges. We will provide you with a no-cost and no-hassle initial consultation and evaluation of your case.

How do I Hire a San Diego Domestic Violence Attorney?

If you have questions regarding a domestic violence arrest or case, contact San Diego attorney George H. Ramos, Jr. today for a free consultation. We are available 24/7 and accept collect calls and all major credit cards.

Consult with an Attorney Today

In California, law enforcement agencies have the authority and power to arrest a suspect for domestic violence even if the alleged victim denies they were battered, on the theory that a battered victim may be too afraid to file domestic violence charges or will lie to protect the accused.

If you or a loved one is are arrested for domestic abuse, you must protect your constitutional rights. Make sure that you do not answer any questions until you consult with an experienced domestic violence attorney in San Diego County. We have decades of experience with criminal law and can help you and your family members.