Domestic Violence

Santa Barbara Domestic Violence Lawyer

Protecting the Accused in Ventura, San Luis Obispo & Santa Maria, CA

Domestic violence is a social and criminal issue that affects countless lives in California. It is a form of abuse in various relationships, such as marriage, cohabitation, dating, or within a household or family. It can include both present and former relationships, such as those between ex-spouses or intimate partners.

If you're charged with domestic violence, you want an experienced domestic violence attorney in Santa Barbara on your side to mitigate the consequences you face. If you don't have a criminal record, potential jail time or probation might be reduced. Sanford Horowitz Criminal Defense is dedicated to protecting your rights and providing legal advice based on years of experience.

That experience includes managing the Domestic Violence unit as a Santa Barbara prosecutor for the District Attorney’s Office. As such, he put in substantial jury trial time in felony domestic violence, assault and battery, residential burglary, vandalism, stalking, restraining order violations, and more.

Your initial case review with our Santa Barbara domestic violence attorney is complimentary. Call (805) 749-5670 or contact us online to make an appointment.

Understanding Domestic Violence in California

Domestic violence is an umbrella term that includes a variety of offenses. The term is defined under California Penal Code 13700 as “intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself, herself, or another.”

Domestic violence may be charged when an act of violence, physical force, or a threat is committed against a spouse, girlfriend/boyfriend, intimate partner, co-habitant, fiancé(e), or co-parent. When this type of close personal relationship exists between the accused and the complaining witness, the potential punishment can be more severe than if it were committed against someone else.

Because domestic violence charges are based on the relationship between the parties, several offenses may be brought under what counts as domestic violence under the law.

Understanding the nuances of these relationships and the specific charges requires comprehensive legal knowledge. In California, domestic violence laws are designed not only to protect victims but also to ensure that the rights of the accused are upheld. This complexity underscores the importance of obtaining seasoned legal representation to navigate the intricate legal system, both to protect one's rights and to achieve the most favorable outcomes possible.

Common Types of Domestic Violence Offenses

Domestic Battery (PC Section 243(e)(1)): This misdemeanor will be charged if an accused inflicts force or violence on a girlfriend/boyfriend, former/current spouse, co-parent, cohabitant, intimate partner, or fiancé(e). Domestic battery is a misdemeanor.
Corporal Injury to a Spouse or Cohabitant (PC Section 273.5): This offense is the crime of inflicting “corporal injury” that causes “traumatic injury” on a current/former spouse, co-parent, or cohabitant. An accused will be charged with this offense for a battery that causes a visible physical injury, even if the injury is minor. It is a misdemeanor or felony.
Criminal Threats (PC Section 422): This offense involves intentionally threatening severe harm to someone you intend to scare, which causes the target to be fearful. This offense is a “wobbler,” so it could be charged as either a misdemeanor or a felony. If an individual is convicted of a felony under this section, the conviction counts as a “strike” under the California Three Strikes Law.
Corporal Punishment (PC Section 273(d)): This form of domestic violence involves inflicting “corporal punishment” on a child if the conduct is “cruel or inhuman” and causes any injury. However, reasonable physical discipline by a parent (i.e., a spanking) will not constitute a violation of this statute and is, in fact, a defense to this charge.
Elder Abuse (PC Section 368): If the target of physical, financial, or emotional abuse, neglect, or endangerment is 65 or older, this offense may be charged.
Child Abuse/Child Endangerment (PC Section 273(a)): This offense will be charged for willfully allowing a child (in the custody or care of the accused) to experience harm or to place the child's health or safety at risk. An example might include a mother who drives her kids to school without a car seat while under the influence of alcohol. A mom who allows an abusive boyfriend continuous access to her child might also be charged with this offense.

Each of these charges carries uniquely different legal challenges and potential consequences. For instance, certain charges might be prosecuted more vigorously when they occur within specific community or familial contexts, highlighting the importance of a meticulously tailored legal response. A thorough investigation and defense strategy can significantly impact the proceedings, which underscores the necessity for a capable defense team that understands the intricacies of domestic violence cases in California.

Get Legal Help from a Trusted Domestic Violence Lawyer in Santa Barbara

If you have been charged with domestic violence in California, it is crucial to have a skilled defense attorney on your side. At Sanford Horowitz Criminal Defense, our team of experienced Santa Barbara domestic violence lawyers is dedicated to protecting your rights and providing you with a strong defense.

When you choose us to represent you, you can expect:

Expert legal advice and guidance throughout the entire legal process
Thorough investigation of your case to uncover any evidence that may support your defense
Aggressive representation in negotiations with prosecutors and in court
Personalized attention and support to address your concerns and answer your questions
Compassionate and understanding guidance during this challenging time

Our domestic violence attorneys have a deep understanding of California's domestic violence laws and the legal strategies that can be used to build a strong defense. We will work tirelessly to achieve the best possible outcome for your case.

Moreover, our comprehensive approach goes beyond just courtroom representation. We focus on understanding the full context of your situation, which includes assessing the emotional, social, and financial impacts that a domestic violence charge imposes on you and your loved ones. This holistic perspective ensures that every aspect of your defense is covered, resulting in a thorough legal strategy designed to protect your future.

Domestic Violence Laws & Penalties in Santa Barbara

Understanding the local laws and penalties for domestic violence in Santa Barbara is crucial for anyone facing accusations. California law is stringent when it comes to domestic violence, with specific statutes designed to protect victims and hold offenders accountable. In Santa Barbara, domestic violence cases are taken very seriously by law enforcement and the local courts, often resulting in severe penalties to deter such behavior.

Domestic violence charges in Santa Barbara can vary from misdemeanors to felonies, depending on the severity of the act, the injuries inflicted, and the defendant's prior criminal history. Penalties for these charges can include imprisonment, fines, mandatory counseling, and restraining orders. A misdemeanor conviction might result in up to one year in county jail, while a felony conviction can lead to several years in state prison. Each case is unique, but the consequences are consistently harsh, reflecting the community's commitment to addressing domestic violence with the seriousness it deserves. It is also noteworthy that Santa Barbara courts often impose additional conditions, such as probation requirements that include attending a 52-week batterer's intervention program.

Local Resources for Domestic Violence Victims & the Accused

Santa Barbara offers a network of resources to support both victims and those accused of domestic violence. These resources are essential not only for immediate support but also for long-term rehabilitation and recovery. For victims, local organizations like Standing Together to End Sexual Assault (STESA) and Domestic Violence Solutions for Santa Barbara County provide shelter, support, and counseling services. These organizations work tirelessly to ensure that victims have a safe and secure environment while they navigate the complexities of domestic violence situations.

On the other hand, those accused of domestic violence also have access to supportive services designed to help navigate the legal system and address underlying issues. Programs like the Domestic Violence Offender Treatment Program offer educational and therapeutic support to help individuals understand the impact of their actions, encouraging personal growth and behavioral change. By participating in these programs, individuals can demonstrate to the court their commitment to rehabilitation, which could be a factor in sentencing considerations. At Sanford Horowitz Criminal Defense, we understand the importance of using all available resources to support our clients holistically, ensuring they receive both legal defense and the opportunity for personal development.

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What Clients Are Saying

Impact of a False Domestic Violence Conviction

While domestic violence is a social and criminal matter, some unscrupulous parties in family law cases abuse the law through false allegations. These are often based on conflicts in failing personal or family relationships, including cases involving separation, divorce, child custody, etc.

One partner commonly uses these false accusations to gain the upper hand against the other in legal actions or the relationship. Because allegations often involve a “he said-she said” scenario with no other witnesses, domestic violence allegations are particularly susceptible to abuse.

The consequences can substantially impact your future if you are convicted of domestic violence. While the precise penalties will vary depending on the facts, circumstances, injuries, and your criminal record, the consequences might include some or all of the following:

Jail/Prison: While incarceration will vary city by city in California, being charged with domestic violence as a felony is punishable by up to four years in prison.
Loss of Constitutional Rights: If you are convicted of a domestic violence offense, the court will restrict your ability to own or possess a firearm. You may also be subject to warrantless searches. If you are convicted of a felony form of domestic violence, you also will have your right to vote or serve on a jury suspended.

In addition to these immediate legal repercussions, a false domestic violence conviction carries enduring social and personal consequences. A criminal record can tarnish your personal reputation, impact trust within your community, limit job opportunities, and affect personal relationships. The stigma associated with a conviction can be substantial, making it vital to fight against false allegations with robust legal defense to safeguard your liberty and reputation. Enlisting a knowledgeable attorney can help navigate these complexities and protect what matters most in your life.

Restraining Orders: The court will order you to have no contact with the complaining witness. When protective orders are imposed, you also might be excluded from your home and have access to your children limited or denied.
Counseling/Education: A person convicted of a domestic violence crime might be ordered to complete a 52-week domestic batterer class.
Record of Conviction: A domestic violence conviction will become part of your criminal record. When employers, landlords, professional licensing entities, immigration agencies, or state occupational licensing agencies run a criminal background check, your criminal conviction may have an adverse impact.

Understanding the broader implications of these legal outcomes is crucial. Restraining orders and mandated counseling programs not only affect your immediate freedom but also introduce long-term lifestyle changes. They can infringe on your autonomy and challenge your roles in personal relationships and professional spheres. By comprehending these aspects, individuals charged with domestic violence can better prepare and adapt, working closely with a legal advisor to minimize impacts and ensure a fair legal process.

Put a Former Prosecutor on Your Side

Sanford Horowitz Criminal Defense has handled thousands of criminal matters and is experienced in stopping the effects of false allegations. Attorney Horowitz recognizes that parties to family law disputes may exaggerate or fabricate claims of domestic violence to seek restraining orders, residential kick-out orders, and most parenting time.

Whether attacking the complaining witness’s credibility or exposing unlawful conduct by police, he is highly skilled and will leave no stone unturned when representing individuals facing domestic violence charges.

The best way to protect yourself and fight a domestic violence accusation, arrest, or charge is to enlist the services of a competent and aggressive defense lawyer. Our Santa Barbara domestic violence lawyer brings you exceptional qualifications and an impressive track record of success.

Working with a former prosecutor like Sanford Horowitz brings the added benefit of understanding both sides of a criminal case. This dual perspective allows our legal team to strategically anticipate prosecution moves, tailoring defenses that are robust and adaptive. Our approach to defending domestic violence charges emphasizes a thorough review of all evidence, witness statements, and legal procedures, ensuring that we address every angle in pursuit of justice and fairness for our clients.

Phone (805) 749-5670 or submit your contact details online for the help you need today.

Frequently Asked Questions About Domestic Violence in Santa Barbara

What Should I Do If I'm Accused of Domestic Violence in Santa Barbara?

Being accused of domestic violence can be an overwhelming experience, but it's important to stay calm and take immediate steps to protect yourself. Firstly, adhere strictly to any restraining orders or other court mandates; failing to do so can complicate your legal situation tremendously. Secondly, document everything. Keep a detailed record of all interactions with the accuser, including text messages, emails, and any encounters. This documentation can serve as critical evidence in your defense.

Engage a knowledgeable domestic violence attorney in Santa Barbara immediately. A qualified legal professional will help you navigate the complexities of the legal process, ensuring that your rights are protected. With a former prosecutor’s insight, our team at Sanford Horowitz Criminal Defense can anticipate the strategies likely to be employed by the prosecution, affording you a robust and informed defense.

How Can Domestic Violence Affect My Custodial Rights in Santa Barbara?

Domestic violence allegations can significantly impact custodial arrangements and parental rights. Courts in Santa Barbara give considerable weight to the safety and well-being of children when determining custody and visitation. Any proven instances of domestic violence can lead to restrictions on visitation rights, or in severe cases, a loss of custody altogether.

The courts might implement supervised visitations or require the accused to complete anger management or counseling sessions before reconsidering custodial privileges. It's crucial to work with an attorney who understands how to mitigate the implications of these allegations on your parental rights. A strategic defense can make a significant difference, particularly if unfounded accusations are leveraged against you in a custodial battle.

What Are the Probation Conditions for Domestic Violence Offenders in Santa Barbara?

Probation conditions for domestic violence offenders in Santa Barbara are typically stringent, heavily emphasizing rehabilitation and prevention of future incidents. Conditions may include a protective order prohibiting contact with the victim, mandatory completion of a certified domestic violence intervention program, and submission to periodic drug and alcohol testing.

Offenders may also be required to perform community service and regularly report to a probation officer. These conditions are meant not only as punishment but also as an opportunity for personal growth and rehabilitation. Violation of probation terms can result in immediate arrest and potential jail time, underlining the importance of adhering to all court-mandated stipulations.

Can a Domestic Violence Charge Be Expunged from My Record in California?

Expungement of a domestic violence charge can be complex, but certain conditions do allow for the possibility. You must first complete all sentencing terms, including jail time, probation, and counseling. Afterward, a petition for expungement can be filed in the court where the conviction occurred.

While expungement doesn't erase the conviction, it can help with removing barriers to employment and housing, as it alters records to reflect a dismissal. The process involves legal filings and hearings, making it essential to consult with a lawyer who understands the intricacies of California’s expungement laws and how they apply to domestic violence convictions.

Are There Any Alternatives to Jail Time for Domestic Violence Offenders?

In Santa Barbara, several alternatives to jail time are available for domestic violence offenders, particularly for first-time or low-risk offenders. These alternatives often focus on rehabilitation, such as participation in a diversion program that emphasizes education and therapy. Diversion programs aim to address underlying behaviors and prevent recidivism by teaching impulse control and anger management.

House arrest or electronic monitoring might be considered, allowing the accused to maintain employment and family commitments while serving their sentence under strict supervision. Community service is another alternative, offering offenders the chance to give back to the local community in lieu of imprisonment. Discussing these options with your attorney can provide a more tailored and compassionate approach to sentencing, utilizing the full spectrum of available legal pathways.

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Work with an experienced former prosecutor who knows both sides.
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