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SAN DIEGO DOMESTIC VIOLENCE LAWYER

Restraining Order Violations & Domestic Violence Defense

San Diego Restraining Orders
Domestic Abuse Punishment





*Also see False Allegations

San Diego Domestic Violence Defense Attorney George H. Ramos, Jr. spent five years successfully prosecuting domestic violence cases exclusively. In fact, he has trained both state wide and nationally, other domestic violence prosecutors and investigators how to prosecute domestic assault & battery cases.

Domestic Violence Expert

Now a lawyer in private practice, George Ramos is a recognized and authoritative expert with a proven track record of successfully defending Domestic Violence cases such as spousal abuse and infliction of corporal injury or significant pain, child abuse, neglect, and child endangerment, battery, assault, violent criminal threats of death or bodily injury against a spouse, cohabitant, or family member, false imprisonment by violence or intimidation, annoying, harrassing, or threatening phone calls, repeat offenses, restraining order violations, and other DV related charges.

The Upper Hand in Domestic Violence Defense

George Ramos' position as a Domestic Violence Prosecutor provides unparalelled insight, advantages, and resourceful contacts that can directly improve the outcome of your case.

As your attorney, he devotes strength to your defense with firsthand knowledge of how your prosecutor will operate, aggressive exploitation of weaknesses and technical gaps in prosecutorial strategy, suppression and inadmissibility of evidence, discovery of witness tampering & credibility factors, cross examination of law enforcement, procedural adherence, lack of probable cause, illegal search & seizure, and other issues pertinent to your case. He works diligently and contentiously to fortify a rebuttal of the charges against you.

Protecting You & Your Rights is our #1 Priority

Most Domestic Violence cases consist of at least two vastly differing accounts of what actually led up to and resulted in an arrest:

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

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

c. Is your accuser a cohabitant, tennant in common, or joint owner of 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 charges against you?

e. Is your ex 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 harrassment?

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've distorted his or her perception of reality?

r. Was your accuser under the influence of alcohol and/or an 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?

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?

Building a formidable and effective defense on your behalf will raise many more questions, so please call us as soon as possible at 619.231.1830. Often the earlier we can intervene in your case, the more we can impact what charges, if any, are actually filed. Don't delay!

Achieving a Favorable Outcome of Your DV Case

Known among prosecutors and judges as an experienced trial attorney and tenacious fighter, Ramos' aggressive reputation and thorough scrutiny of facts can result in a favorable plea bargain offer, dropped and reduced charges, and other alternative solutions that circumvent a conviction on more serious charges.

And when there is a need to fight the case in a Jury Trial, WE'RE READY!

DV 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, we strongly advise you not make an attempt at self representation.

Defendants who attempt to represent themselves often annoy the judge and awkwardly disrupt the courtroom, but more importantly, they dramatically increase their risk of incurring harsh punishment and long-term devastating consequences.

Some first offense domestic violence convictions are punishable by a sentence of up to several years in a state prison or penitentiary, while many other DV offenses call for a minimum prison sentence of seven years for repeat offenders. The stakes are even higher for convicted felons and third strike defendants. It is said that a defendant who represents himself has a fool for a lawyer.

Domestic Violence & Abuse:
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".

Under California Law, Domestic Violence can include and be limited to psychological abuse, mental abuse, emotional abuse, sexual abuse, economic abuse, spiritual abuse, verbal abuse, intimidation, threats, stalking, child endangerment, 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.

When is a Relationship Considered Domestic?

Abuse & 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. other 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 wed

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

a. tennants 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 defined as forcibly assaulting a child under eight years of age, who is under the defendant's / abuser's custody or guardianship, with the intent to cause corporal injury which results in the child's death.

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.

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

If you 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 assault and battery lawyer.

If you have questions regarding domestic violence, contact San Diego Criminal Attorney George H. Ramos, Jr. today for a free consultation with a spousal abuse lawyer. We are available to take appointments days, evenings, and weekends. We accept all major credit cards.

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, fiance, fiancee, or family member.

The threat must contain specific intent. Such 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.

Harrassing 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, 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 harassor makes actual verbal or other contact 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.

The Most Important Step You Can Take in a DV Case...

Please contact our law office as soon as possible. We can even help gain your release from custody if you are still incarcerated. Contact San Diego Criminal Defense Lawyer George H. Ramos, Jr. today. We accept collect calls.