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Common Misconceptions About Domestic Violence Charges

By San Diego Attorney on July 10, 2023

Parent is holding her little girls arm and is about to use violence. Representing child abuse and domestic violence.

Domestic violence is a serious legal matter. The justice system in California takes domestic violence cases very seriously and imposes heavy penalties for such offenses.

It is essential to fully understand this issue under the law and debunk the myths surrounding domestic violence. Being aware of common misconceptions will better prepare you in the event that you are accused of a domestic violence offense.

Shedding Light on the Most Common Domestic Violence Misconceptions

There are many misconceptions regarding domestic violence charges. Unfortunately, these myths could impact how you navigate the legal process. These are some of the most common domestic violence misconceptions dispelled:

  • Myth: Only physical violence is considered domestic violence.

Truth: You could face domestic violence charges for various forms of abuse, including sexual, emotional, physical, and financial abuse.

  • Myth: Only a victim can file domestic violence charges.

Truth: Victims of domestic violence could pursue charges against their abuser, but they are not the only ones. Prosecutors and law enforcement could also pursue charges based on evidence collected through an investigation.

  • Myth: Only the victim can drop domestic violence charges.

Truth: After domestic violence charges are filed, it is up to the prosecutor to decide whether or not the case should be dropped. Although the victim’s wishes may be considered, it is not the only determining factor.

  • Myth: A restraining order is automatically granted in a domestic violence case.

Truth: To obtain a restraining order, the victim needs to specifically request one. The court will review the case and determine if it is appropriate. Restraining orders are not automatically granted in domestic violence cases.

  • Myth: You can resolve domestic violence charges through mediation.

Truth: Domestic violence charges are criminal in nature, which means they are handled by the criminal justice system. Mediation is not an option for resolving these types of cases.

  • Myth: A domestic violence charge results in jail time.

Truth: These cases do not always end in jail time. It all depends on the specific circumstances of the situation, including the amount of relevant evidence available, as well as legal representation. If convicted, there are other sentencing options like probation or anger management programs.

  • Myth: You can expunge a domestic violence charge from your record.

Truth: Expungement laws are not the same in every jurisdiction, and every case is different. Some may be eligible for expungement, while others are not. An experienced attorney could help assess if expungement is an option for your circumstances.

  • Myth: If you are facing domestic violence charges, you can resolve this without legal representation.

Truth: Domestic violence charges are serious and could have a profound impact on your future. To protect your rights and future freedom, hire experienced legal counsel. The last thing you want to do is gamble with your future.

Now that you know the truth about these common misconceptions, you can navigate your case more effectively and have a better chance of achieving a favorable outcome. Be sure to hire skilled legal counsel before getting started.

Your Experienced San Diego Domestic Violence Defense Attorney

Since 1990, jD Law Criminal Defense Attorneys has been helping countless clients resolve complex cases, and our track record can attest to our success. James N. Dicks is a former Los Angeles Police Department investigator and a Certified Criminal Law Specialist by the California Board of Legal Specialization. He is committed to using his knowledge and experience to the benefit of each client.

If you are facing domestic violence charges, a San Diego criminal defense lawyer at jD Law Criminal Defense Attorneys can provide the exceptional representation and guidance you need during this difficult time. Contact us at (760) 630-2000 to schedule a free consultation in English or Spanish. We are here to assist you.

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