Criminal Defense Attorney Domenic Lombardo Discusses Domestic Violence Cases
Contact an attorney early to avoid charges. An experienced attorney who understands the charging process in domestic violence matters will be trying to accomplish two goals. The first goal is to identify what is really going on, what is the dynamic, what is the true backstory to this alleged incident. Was there alcohol and/or drugs involved? Is there a divorce going on, is this a power play over the children? Is there some sort of employment context or other dynamic? Are there behavioral, emotional elements to this? Once the attorney has identified exactly what he or she thinks is going on, then we can start to put together the information necessary to exonerate you. In other words, to convince the prosecutor not to file any criminal charges.
So, there’s some advantages to engaging an experienced attorney very early in these matters because the attorney can contact law enforcement, figure out to which agency your case is being directed, contact the individual prosecutor reviewing your matter and, if there’s exculpatory information, information that’s favorable to you that will have a bearing on their filing decision, we can make that available to them. It’s important to understand that law enforcement is not working for you in these situations. Your attorney will present exculpatory information. Law enforcement is not going to continue their investigation in terms of unearthing all the exonerating information that may exist in this situation and law enforcement will not take the time to put together the true picture of the event. An experienced attorney understands this and knows how to bookend the bad information that law enforcement is going to present with the exonerating information that will give the true picture of the incident to the prosecutor so that they can make an informed decision.
You may be concerned with whether or not the complaining witness can drop the charges or help you avoid the filing of criminal charges altogether. It’s true that a complaining witness will have a say in whether or not you are prosecuted, but it’s certainly not determinative of whether or not you will be prosecuted. In other words, the prosecutor makes the calls and frequently they will file criminal charges despite the wishes of the complaining witness. So, if your spouse or loved one or partner or whoever the complaining witness is has anything good to say about the situation, you should attempt to funnel that information through an attorney by simply contacting the attorney who can then have an investigator contact that person and document the evidence that’s favorable to you. Do not try to shape the narrative or tell him or her what to say or suggest what should be said. It’s simply enough to have the attorney placed in contact with that person. Let your attorney do the talking.
In California, for example, we have the California Public Records Act and one advantage of having a complaining witness who is amenable to talking to the defense might be obtaining the police reports under circumstances where we otherwise couldn’t get them. The California Public Records Act makes available the police reports to the complaining witness but not to the defendant in advance of criminal charges being filed.
A free and confidential consultation with Mr. Lombardo is available upon request at (619) 232-5122.
A System That Works Against You
Domestic violence matters are prosecuted vigorously by the Office of the City Attorney, within the City of San Diego, and the Office of the District Attorney within the County of San Diego. The prosecution has domestic violence attorneys specifically tasked to handling only these types of matters. Over the years, since the O.J. Simpson case, the prosecution has integrated law enforcement, counseling, “victim assistance” and the judges into taking a comprehensive approach to the so-called problems of domestic abuse. There are courtrooms in each branch of the Superior Court devoted only to domestic violence matters. The entire system, in short, is geared entirely against criminal defendants accused of domestic violence.
Why You Need a Domestic Violence Attorney
Domestic violence allegations typically begin with an arrest. Bail is set at felony-level amounts, even where charges if any will be filed at a misdemeanor level. In any event, a defense attorney must immediately document statements and collect evidence favorable to the defense. These matters tend to be very “fact intensive,” invariably requiring the domestic violence attorney to involve an investigator and staff in the defense of these matters as early in the process as possible.
How a Lawyer Helps in Domestic Violence Cases
In domestic violence matters, prophylactic laws that credit a complaining witness’s untested allegations allow for restraining orders to be temporarily approved – without a hearing – that can have a devastating impact on a criminal defendant. The defense lawyer must begin the process of defending against the possibility of emergency protective orders, stay away orders, and domestic violence restraining orders. These are types of restraining orders that may be imposed without any adjudication of guilt and even before the filing of charges. These orders can have devastating impact on child visitation arrangements and asset allocation amongst contentious spouses. In effect, a criminal defendant can be arrested, jailed, and then zoned away from his or her own home and family and belongings for the entire time the case is defended. In fact, some courts can, and do, order protective orders even over the objections of the complaining witness.
The Law Office of Domenic J. Lombardo has extensive experience in defending domestic violence matters from advocating for the non-filing of charges, to contesting restraining orders and successfully defending these matters at jury trial. If you are facing allegations of domestic violence, do not wait to call a domestic violence attorney for accurate and honest advice.
More About Domestic Violence in California
For more information about domestic violence in California, the following related resources are available:
Get a San Diego Domestic Violence Attorney on Your Side
For more information or immediate legal help, contact Domenic J. Lombardo, an experienced San Diego domestic violence defense attorney. Mr. Lombardo provides a free and confidential consultation in cases involving domestic violence in San Diego, Chula Vista, Coronado, Point Loma, Ocean Beach, Pacific Beach, La Jolla, University City, Kearney Mesa, North Park, Hillcrest, National City, Imperial Beach, San Ysidro, Lemon Grove, El Cajon, La Mesa, Spring Valley, La Presa, Lakeside, Santee, Poway, Escondido, San Marcos, Rancho Santa Fe, Encinitas, Del Mar, Solana Beach, Carlsbad, Oceanside, Vista, Fallbrook and throughout San Diego County and the state of California.