San Bernardino Domestic Violence Lawyer

Domestic Violence Attorney in San Bernardino, CA

Being accused of domestic violence can be an overwhelming experience. Laws surrounding the subject are complex, and the consequences for them are intimidating. If allegations have been brought against you, it is important to have an experienced San Bernardino domestic violence lawyer by your side. At the Law Offices of Julian I. Ducre, you will find a skilled advocate ready to defend you.

About the Law Offices of Julian I. Ducre

Everyone deserves representation. For years, Julian I. Ducre has been working with clients across San Bernardino County and beyond to ensure their rights are respected. Skilled across a broad range of litigation, he understands that each case requires a unique approach and is prepared to leverage his extensive experience to provide stalwart advocacy.

Domestic Abuse in California

In 2018 alone, over 8,525 domestic violence calls were made to police in San Bernardino County. State domestic violence laws are outlined under California’s Family Code 6221. This defines domestic violence as the physical or non-physical harm—or threat to harm— of a family member, spouse, current or former romantic partner, or cohabitant.

When faced with domestic abuse allegations, it is important to understand how the charges may be applied. What constitutes abuse covers a broad range of actions. These are defined into four categories under Family Code 6203. They include: 

• To intentionally or recklessly cause or attempt to cause bodily harm. This is willful and direct violence that causes an injury to the alleged victim.
• Sexual assault. Sexual advances, groping, rape, and other forms of unconsented sexual actions and attentions fall within this category.
• To place a person in reasonable fear of bodily harm to themselves or others. This can include things such as threats to the alleged victim or to someone they care about.
• To engage in other abusive actions. These are broadly defined under Family Code 6320-6327 to include things such as isolating someone from their support network, depriving them of basic necessities, or controlling their movements or behaviors through some other form of coercion, and regulating their reproductive autonomy.

Facing Domestic Violence Charges

On average, upwards of 60% of domestic abuse charges do not result in a conviction. While there is no one approach to challenging a domestic violence case, there are some strategies that a seasoned San Bernardino domestic violence attorney may take. These include:

• Procedural errors. An attorney may challenge the legality of an arrest. If there was a lack of cause or a failure to inform the accused of their rights, this can greatly undermine a prosecution’s case.
• Self-defense. Oftentimes, domestic violence charges come from mutual confrontations. If it can be shown that the accused was in fact defending themselves from violence, it can go a long way to mitigating the charge leveled against them.
• Negotiated dismissal. Occasionally, prosecutors can be bargained with to reduce or drop charges in exchange for the accused entering into counselling, community service, or some other conviction alternative. This is appropriate where circumstances may make challenging a charge difficult.

Most cases within San Bernardino are tried by the Criminal Division of the Superior Court, located at 247 West Third Street, San Bernardino, CA, 92415. It is critical to attend all appointments required by the court.

Why Choose Us

Facing domestic violence charges is a serious matter, and it is important to hire a domestic violence lawyer with a record of success. Julian I. Ducre has represented clients across California in defending their rights when facing domestic violence accusations.

Domestic violence cases often move at a fast pace, and judges are required to resolve those brought before them within 52 weeks. Having practiced law for over 30 years, Julien I. Ducre understands that each case is unique. With his representation, all relevant evidence will be scrutinized in order to build an appropriate defense.

FAQs

Q: Why Do Domestic Violence Cases Get Dismissed?

A: There are various reasons domestic violence cases get dismissed. There may be issues with evidence, such as eyewitness testimony, video, or audio footage that contradicts the charges. Likewise, procedural issues such as the failure of police officers to follow appropriate protocol may contribute to a case being dismissed. Finally, there are often instances of plea deals with the prosecution that mitigate charges and allow a case to be dropped.

Q: What Type of Lawyer Handles Domestic Violence?

A: There are many qualities that determine the type of lawyer who should handle domestic violence cases. One of the most important qualities is that they be experienced and understand the complex laws and regulations that are involved in domestic violence litigation. Another is that they understand how to guide their clients to a positive solution, considering all the relevant evidence and context of the case.

Q: How to Get a Domestic Violence Case Dismissed in California?

A: While there is no single approach, there are several ways that a domestic violence case may be dismissed in California. An attorney may reach a plea bargain with the prosecution, where a case is dropped in exchange for counseling, community service, or some other alternative. Likewise, there may be weaknesses regarding evidence or procedural misconduct that a skilled attorney can use to argue for dismissal of a case.

Q: What Are the Four Types of Domestic Abuse?

A: The four types of domestic abuse are articulated under the California Family Code 6203. These include the intentional or reckless causing of harm to another individual, sexual assault, placing a person in reasonable bodily fear for themselves or another, or other forms of abuse outlined in further legislation. These additional forms of abuse may be emotional or economic manipulation, or restriction of a person’s reproductive autonomy, amongst others.

Hire a Domestic Violence Lawyer

According to one study by the Bureau of Justice Statistics, 45% of those imprisoned for violence against a family member received a sentence of more than two years. If you are facing allegations of domestic violence, it is critical to have an attorney by your side with experience and tenacity. Contact the Law Offices of Julian I. Ducre today to learn how he can help you.