San Francisco Domestic Violence Lawyer

Dedicated Legal Assistance 

If you’ve been charged with domestic violence, we urge you to call our San Francisco, CA domestic violence lawyer for assistance. You may be worried about what’s at stake and what happens next. A conviction carries significant consequences, including potential jail time, fines, mandatory participation in educational/rehabilitative programs, loss of child custody, loss of gun ownership rights, and social stigma. Indeed, even if you are not convicted, accusations of domestic violence can ruin your reputation and perhaps even cost you your job.

For these and other reasons, it’s important to understand what you may be up against and seek the help of our experienced criminal defense lawyer who can help you resolve your charges as favorably as possible. If you’ve either been charged with domestic violence or accused of this behavior and you’re worried about being arrested, don’t wait to connect with our attorney. Call the Morales Law Firm now to set up a free consultation and learn more about how we can help you protect your rights and future. 

How To Talk To Your Kids About A Domestic Violence Incident

If you are married or co-parenting with small children in the mix, being involved in a domestic violence incident at home can be a messy and confusing prospect for everyone. This is especially true if you are seeking the services of the Morales Law Firm because you are being charged or accused as the perpetrator.

Our California domestic violence lawyer understands that it is painful to be painted as the bad parent or the instigator. It is paramount that you bridge the gap and preserve your relationship with your children as quickly and as much as possible. You may be interested in some tips on how to handle discussing this tricky situation with your kids.

Don’t Talk Negatively About The Other Parent

It may be very tempting to speak ill of your child’s other parent. After all, that is the person accusing you of assault or domestic violence. If nothing else, you are feeling the urge to set the story straight with your children and to defend yourself.

However, we’d advise you not to say anything negative about your co-parent to your children. Anything you say may be used against you, especially in a custody battle that may take place later. Your legal representative should do a stellar job defending you, which will undoubtedly allow your children to gain a better understanding of what transpired without any mudslinging on your part.

Stay Calm In The Face Of Accusation

In the same vein, your lawyer will urge you to stay calm when talking to your children about the domestic violence incident. Of course, it’s easy to lash out, especially if you are being unfairly accused. But from experience, our attorney knows that the minute you lose your temper around your children, your domestic violence case becomes weaker. Even if your outburst is not directed at your children, the argument can be made against you that you are prone to losing your temper.

Don’t Volunteer Extra Information

Try to avoid talking at length about the incident with your children. Depending on their age, you may not want to discuss it at all. It’s hard to evade questions from inquiring young minds, but while your case is pending, you may want to volunteer as little information to your children as possible. This is especially true if you hope to win a custody case against their other parent down the road.

Important Considerations For Your Case

A standard domestic violence case starts when an officer is called to respond to a domestic violence situation. Upon arrival, the officer will separate each person involved and get statements from them individually. It isn’t uncommon for an arrest to be made if there are signs of injury. Law enforcement will be watching out for inconsistent statements and visible physical injury. The officer may take photographs of such injuries or damage that was done to the property. These photographs and testimonials will be used to build a case against the person arrested.

Furthermore, the prosecution will depend on statements made by the supposed victim to the operator that handled the 911 call. A copy of this recording is delivered to the defense during the discovery process.

• There Will Be A Follow-Up Investigation.

When domestic violence cases arise, someone from a family violence unit will be assigned to investigate further. This detective may interview the victim, suspects, or witnesses and may try to get medical documents or other types of evidence. But ultimately, all this evidence will be submitted to the prosecution to determine if criminal charges are warranted. And if so, which level of charge is appropriate.

• We Will Conduct Our Own Investigation.

Trust us when we say that we will scrutinize every bit of evidence that the prosecution has against you. We will need to make sure that such evidence was obtained in a legal manner. Depending on your situation, we may argue that you were defending yourself or that the combat was mutual. If the case goes to trial, the burden of proof rests with the prosecution. This means that they have to show beyond a reasonable doubt that you are guilty of the charges you face.

• It Is Important to Be Transparent With Your Attorney.

As someone who has been accused of domestic violence, you may be understandably on the defense and are afraid to share your truth about what happened. It is not the job of a criminal defense attorney to judge you or the situation. And we cannot fully help you unless you are forthcoming with facts and how the interaction unfolded through your perspective. If we don’t know the whole story and you leave something out, then it comes up during court, we can only do so much in the moment to protect you. 

• Domestic Violence Includes Threats As Well As Actions.

Physically harming an intimate partner or family member is well understood to qualify as domestic violence. But it is important to know that threatening violence also qualifies as a crime under most statutes. In some jurisdictions, it is also considered domestic violence when the perpetrator makes non-violent physical contact with the victim in a manner that is understood to be provocative or offensive. In short, bruises and cuts are not the baseline of what constitutes domestic violence. The definition is much broader.

• Relationships Differentiate Domestic Violence From Battery.

Inflicting or threatening violence against someone would normally be classified as “battery” (or assault and battery, depending on where you live). Domestic violence involves those elements, but it is its own class of crime because it involves violence in the context of intimate relationships.

Which relationships qualify? It’s important not to make any assumptions about your specific situation before you’ve connected with an experienced domestic violence lawyer. Exceptions to general rules may apply in your situation. With that said, in many cases, domestic violence is considered violence between the perpetrator and a spouse or former spouse, a partner in a dating/romantic relationship, a co-parent or person with whom one shares a child, the perpetrator’s children or stepchildren, or someone who lives in the same home (even a non-related roommate).

San Francisco Domestic Violence Infographic

Domestic Violence Statistics

According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men have experienced some form of physical violence by an intimate partner. On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. In one year, this equates to more than 10 million women and men.

If you are a domestic violence survivor, contact our office to speak with a dedicated and compassionate domestic violence lawyer to find out what legal options you have to protect yourself and your family. We provide complete confidentiality for these sensitive matters.

Domestic Violence FAQs

What Is Domestic Violence?

In general, domestic violence occurs to family or household members, and can include assault, stalking, terrorizing, threatening, stalking, and reckless or dangerous conduct.

Domestic violence charges can be filed when an alleged offense is committed against a current or former spouse, blood relatives over the age of 18, children, parents, people who are or were sexual partners, people who live together, and people who used to live together.

Are Penalties For Domestic Violence Often Severe?

Yes. Generally, in California, domestic violence charges are severe. The eligible offenses committed against family or household penalties tend to include heightened penalties. If convicted, jail or prison time, large fines, probation, and a permanent criminal record may apply. 

What Are The Repercussions Of A Domestic Violence Conviction?

If you are convicted of domestic violence, there can be collateral consequences, including mandatory rehab, mandatory anger management classes, a protective order, removal from the household, the inability to own a firearm, loss of child custody, the inability to travel to certain countries, the inability to hold certain work positions, and more.

What If I Am Getting A Divorce?

If you have been accused of domestic violence during a divorce, the proceedings may be impacted. That being said, it is not uncommon for allegations to be made as a means of tainting the reputation of the “accused” spouse. If a false accusation of domestic violence has been made, you should hire our firm right away. 

Could Criminal Charges Affect My Child Custody Agreement?

When it comes to custody agreements, arrangements and modifications, courts always put the best interests of the child above all else. Consequently, a criminal charge or conviction may well negatively impact your ability to gain or maintain custody of your children, especially if your spouse or former spouse decides to make an issue of it.

Obviously, felony charges and convictions can, and usually do, have more of a negative impact than those for misdemeanors and traffic offenses. However, if you have multiple convictions, the judge could decide that this shows your propensity for unlawful behavior that could endanger your children’s wellbeing. You do not need to have been convicted of abusing your kids to have your child custody rights compromised.

Will I Have To Go To Trial?

If you’re like most clients, the trial can be intimidating. If you’ve never been in front of a judge or jury, you may be worried about how to handle a trial case. Most lawyers will not guarantee that you don’t have to go to trial during the consultation.

It is more beneficial to bring the case to trial in some cases. If you are under false accusations, the lawyer may suggest you go to court to help fight against the allegations. However, you may choose to get a plea bargain in other cases. Sometimes, a plea bargain allows you to drop the severity of the charges or the sentencing. Your criminal defense attorney will be able to guide you through this process and help you make informed decisions about how to proceed with your case. 

What Should I Do If Someone Has Made False Allegations Against Me?

Most domestic violence allegations are made in good faith. However, when false allegations are made, it is often to gain an advantage in family law proceedings such as a child custody dispute. This can be a very tricky situation to sort out, because courts must investigate allegations fairly and understand that while domestic violence is a real problem, there are instances in which alleged victims have something to gain by making false accusations.

If you’ve been falsely accused of domestic violence in the context of a custody dispute, it is critical to defend yourself against the criminal charges first, with the help of our experienced San Francisco domestic violence lawyer. After that, the results of your criminal case can be cited in any family law proceedings. If the accusations are shown to be clearly false, it could actually damage your co-parent’s chances of gaining custody.

The Morales Law Firm, San Francisco Domestic Violence Lawyer

1388 Sutter St 8th Floor, San Francisco, CA 94109

Contact Our Lawyer Today

Being proactive now may save you a great deal of stress and trouble down the road. No matter the specifics of your particular situation, if you’re facing charges or have questions about domestic violence law generally, please contact our San Francisco domestic violence lawyer from the Morales Law Firm as soon as you can. Your first consultation is free, and our advocacy is recommended by clients across the Bay Area. 

Client Review

“I have worked with Chris Morales on cases for several years. He is tops, a well versed lawyer who understanding client relations and representation. Simple a top professional, and a great colleague.”
Guy Kornblum