Monder Law Group - News
California Domestic Violence Laws 101
Approximately 20% of all violent crimes committed in California can be attributed to incidents of domestic violence (DV), with nearly 20,000 occurrences being reported daily – on a local level alone.
In the face of this pervasive problem, the State has implemented a series of robust laws designed to protect victims, prevent further violence, and ensure that perpetrators face appropriate consequences for their actions.
By delving into the intricacies of three key DV laws and seeking assistance from a reputable domestic violence attorney in San Diego, CA, you can deepen your understanding of this problem and actively work on establishing a solid defense case to prove your innocence.
What is the Three Strikes Law in California for domestic violence?
The Three Strikes Law (under CA Penal Code 667 PC) is designed to provide enhanced sentencing for repeat offenders, including those who commit domestic violence offenses.
Under this law, individuals convicted of two prior serious or violent felonies face more severe penalties if they are subsequently convicted of a third felony, regardless of the nature of the offense.
Offenders who have already been convicted of two qualifying violent or serious felonies and commit domestic violence for the third time can face significantly increased prison sentences of 25 years to life.
In regards to domestic violence, this law acts as a powerful deterrent against repeat offenses and sends a clear message that the state of California takes the issue seriously and seeks to protect victims from further harm.
What is the Phoenix Act in California?
The Phoenix Act is a law that recognizes the long-lasting effects of domestic violence and empowers survivors by allowing them to petition for the reopening and reconsideration of prior convictions related to the abuse they endured.
This act acknowledges the complexities of domestic violence dynamics, including the coercive control often exerted by perpetrators, and aims to rectify injustices that may have occurred during previous legal proceedings.
The Phoenix Act enables survivors to present new evidence or information that was not available during their initial trial or plea agreement. This may include, for instance, evidence of the coercive tactics employed by the abuser or information regarding the survivor’s mental health at the time of the offense.
By allowing for case reopening, The Phoenix Act effectively empowers survivors of domestic violence with a new opportunity to seek justice.
What is the Piquis law in California?
The Piquis Law (AB 2098 legislation) enhances the safety and protection of domestic violence survivors by improving the enforcement of restraining orders. This law recognizes that restraining orders serve as crucial tools to keep victims safe from further harm, and any violation should be treated with utmost seriousness.
Under this legislation, law enforcement agencies are required to develop policies and protocols to ensure a swift and effective response to reports of restraining order violations, including establishing procedures for the prompt arrest of offenders who violate the terms.
By strengthening the enforcement of restraining orders, the Piquis Law seeks to provide survivors with a sense of security and confidence that their safety is being prioritized in all instances.
Where can I find a reliable and reputable domestic violence attorney in San Diego, CA?
If you’re seeking comprehensive legal support in a domestic violence case in San Diego, Monder Criminal Lawyer Group should be your first choice, as we prioritize proving your innocence when falsely accused of domestic violence.
Our skilled attorneys possess an intimate understanding of California’s domestic violence laws and have a proven track record of successfully representing clients in similar cases. We believe in your cause and we’re ready to fight tirelessly to protect your rights and secure the best possible outcome.
Reach out to us today or visit us at our headquarters just a few blocks north of the San Diego Chinese History Museum, for personalized attention and solutions tailored to meet your unique needs.
