Santa Barbara Domestic Violence Defense Attorney

Santa Barbara County Domestic Violence Lawyers with Over 50 Combined Years of Experience on Your Side

If you committed assault or battery or threatened a fiancé, spouse, cohabitant, partner, or the parent of your child, this is considered "domestic violence." California takes violent crimes charges seriously, and usually a district attorney's office will continue prosecuting a case even if an accuser no longer wants to press charges. These charges also result in more severe penalties than simple assault and battery charges.

Sometimes, domestic violence accusations are simply misunderstandings. It may be the result of a false accusation or an attempt by the accuser to leverage an advantage during a divorce or child custody case. Whatever the circumstances, our Santa Barbara domestic violence lawyers at Appel & Morse can help you launch a thorough investigation into the details of your case. We use our former prosecutorial experience to fight for the best possible outcome, inside and outside of court.

Because many of these cases in Santa Barbara Superior Court move quickly, we work to get involved as early as possible after an arrest or when a protective order is issued. As a domestic violence attorney in Santa Barbara, I can advise you about what to say and what not to say to law enforcement, how to handle no-contact orders, and what to expect at your first appearance so you feel more prepared throughout the process.

Working with our firm comes with the following benefits:

• A free criminal consultation
• 50 years of combined legal experience to your case
• Flexible appointment times, including weekend and evening appointment times
• Flat fees and payment plan options

Learn about your defense options during a no-cost criminal evaluation with our Santa Barbara domestic violence lawyer. Call (805) 467-6060 today!

What the Prosecution Must Prove

To convict you, the prosecution must show that you willfully and intentionally inflicted (or threatened) a bodily injury and that you inflicted the injury upon a current or former spouse, partner, girlfriend, someone with whom you have had a sexual relationship, or a person with whom you have a child together.

Domestic violence cases are often built on a combination of 911 recordings, police reports, medical records, photographs, and witness statements gathered at the scene. A domestic violence attorney can examine whether officers followed proper procedures, whether statements were taken under stress or confusion, and whether there are inconsistencies between what was reported to law enforcement and what is said later in Santa Barbara County court.

What Penalties Will I Face If I Am Convicted in California?

A domestic violence charge is a "wobbler," which means it can be charged as either a misdemeanor or a felony. If your charge is classified as a felony, it will count as a strike under the California Three Strikes Law, which can lead to enhanced sentencing for any future cases.

A domestic violence conviction can result in:

• A minimum of 50 days in jail (even for a first-time misdemeanor)
• A 52-week domestic batterer's class
• Fines
• Community service

It is also likely that the victim will obtain a court order of protection against you. And a domestic violence conviction can have an adverse effect upon future employment and educational opportunities. If you would like to learn more about domestic violence charges and how a Santa Barbara criminal defense attorney can protect you, we encourage you to call our office and request a free criminal consultation with us today!

In many cases, there are additional penalties that are not obvious at first, such as restrictions on firearm ownership, immigration consequences, and limits on where you can live or work. When you meet with a domestic abuse attorney, we can walk you through how a conviction or plea in a Santa Barbara courtroom might affect professional licenses, security clearances, and family law matters so you can make informed choices about how to proceed.

Understanding the Impact of Domestic Violence Charges

Facing domestic violence charges can be a daunting experience, not only due to the legal implications but also the emotional and social repercussions. It's essential to understand how these charges can affect various aspects of your life, including employment opportunities, relationships, and personal reputation.

At Appel & Morse, we believe that knowledge is power. Here are some critical factors to consider:

• Employment Consequences: Many employers conduct background checks, and a domestic violence charge can hinder job prospects or lead to termination.
• Child Custody Issues: Domestic violence allegations can significantly influence custody arrangements, potentially impacting your relationship with your children.
• Social Stigma: The societal perception of domestic violence can lead to strained relationships with friends and family, making it crucial to manage your defense effectively.
• Emotional Toll: The stress and anxiety associated with legal battles can affect mental health, making it vital to have a supportive legal team by your side.

Our experienced attorneys at Appel & Morse are dedicated to not only defending your rights but also helping you navigate the emotional challenges that come with domestic violence charges. We are committed to providing compassionate support while working tirelessly to achieve the best possible outcome for your case.

Because domestic violence and domestic abuse cases often intersect with restraining orders, divorce, and child custody matters in Santa Barbara County, we coordinate closely with any family law proceedings you may have. A domestic abuse lawyer Santa Barbara residents trust can also advise you about what to expect at hearings in the Santa Barbara Courthouse, how to comply with temporary orders, and steps you can take to protect your future while your criminal case is pending.

Common Domestic Violence Defenses in Santa Barbara Cases

Many people who contact our office want to know what realistic defenses might be available in their situation. While every case is different, there are recurring issues that arise in domestic violence prosecutions in Santa Barbara County that we evaluate right away. By carefully reviewing the evidence and listening to your side of the story, we can identify whether problems with proof, credibility, or procedure may give us leverage to seek a reduction or dismissal of charges.

One potential defense involves challenging the accuracy or reliability of the allegations, especially when the only evidence is the testimony of the accuser and there are no neutral witnesses. In some situations, we may raise self-defense or defense of others, particularly where there is a documented history of conflict or prior calls to local law enforcement in Santa Barbara. We also look closely at whether injuries are consistent with the statements given to officers and whether alcohol, medications, or miscommunication may have played a role in how the events were reported.

We also examine whether your constitutional rights were respected, including whether any statements to police were taken after a valid waiver of your rights and whether any search of your home or vehicle complied with California law. As a Santa Barbara Domestic Violence Lawyer team, we are familiar with how prosecutors at the Santa Barbara County District Attorney’s Office evaluate weaknesses in a file and when they may be open to alternative resolutions such as counseling, diversion, or reduced charges, depending on the facts and your prior record.