San Diego Domestic Violence Defense Lawyer

Domestic violence accusations can destroy your life before you ever set foot in a courtroom. The moment charges are filed, you may be forced out of your home, prohibited from seeing your children, and painted as an abuser to everyone you know. Your career, your custody rights, and your reputation hang in the balance. And in many cases, the accusations are exaggerated, one-sided, or completely false.

At The Law Office of Elliott Kanter APC, founding attorney Elliott Kanter has spent over 45 years defending clients against criminal charges in California courts. He has secured dismissals, acquittals, and reduced charges for clients facing domestic violence allegations—including cases where the alleged victim later recanted or admitted to fabricating the story. We understand how quickly these accusations spiral out of control, and we fight to protect your rights from day one.

If you are facing domestic violence charges and need a San Diego, CA criminal defense lawyer, our firm offers free consultations and will fight aggressively to defend you.

Why Choose The Law Office Of Elliott Kanter APC For Domestic Violence Defense In San Diego, CA?

Over Four Decades of Criminal Defense Experience

Elliott Kanter has practiced criminal defense in California since 1980. He is admitted to the California State Bar, the United States Supreme Court, and federal courts across the country. Domestic violence cases are emotionally charged and often based on little more than one person’s word against another’s. Elliott Kanter knows how to investigate these allegations thoroughly, expose inconsistencies in the accuser’s story, and present the evidence that tells your side.

Proven Results in Serious Criminal Cases

Elliott Kanter has secured not guilty verdicts, dismissals, and reduced charges for clients facing serious allegations. He understands that domestic violence cases often arise from heated arguments, mutual combat, or false accusations made during custody disputes or divorce proceedings. Not every accusation is true, and not every arrest should lead to a conviction. We fight to make sure prosecutors prove their case beyond a reasonable doubt—or drop it entirely.

Your Attorney Handles Your Case Personally

Domestic violence cases require careful attention to detail and constant communication with clients navigating protective orders, custody issues, and criminal proceedings simultaneously. Elliott Kanter handles every case personally from the initial consultation through resolution. You will never be handed off to a junior associate or left wondering what is happening with your case.

Immediate Action When It Matters Most

Domestic violence arrests trigger immediate consequences—emergency protective orders, potential job loss, and separation from your family. You need an attorney who can act quickly to protect your interests at the arraignment, challenge unreasonable bail conditions, and begin building your defense while the evidence is fresh.

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“I am very pleased that we hired Mr Elliot Kanter for a legal matter impacting a family member. Mr Kanter was able to dismiss the case and took care of the matter in a very efficient and professional way. I strongly recommend the Law Office of Mr Elliot Kanter.” — Bita Sabet

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Types Of Domestic Violence Cases We Handle In San Diego

California law encompasses a wide range of offenses under the umbrella of domestic violence. The specific charges you face depend on the nature of the alleged conduct, your relationship with the alleged victim, and whether injuries occurred. We handle cases involving:

• Corporal injury to a spouse or cohabitant. California Penal Code Section 273.5 makes it a felony to willfully inflict corporal injury resulting in a traumatic condition upon an intimate partner. This “wobbler” offense carries up to four years in state prison when charged as a felony.
• Domestic battery. Penal Code Section 243(e)(1) covers battery against a spouse, former spouse, cohabitant, fiancé, or dating partner. Unlike corporal injury, domestic battery does not require visible injury—any offensive touching can qualify.
• Criminal threats. Penal Code Section 422 criminalizes threats to commit a crime that would result in death or great bodily injury when the threat causes the victim to reasonably fear for their safety. This is often charged alongside physical domestic violence allegations.
• Stalking. Penal Code Section 646.9 makes it a crime to repeatedly follow, harass, or threaten another person to the point where they fear for their safety. Stalking charges frequently arise in the context of relationship breakdowns.
• Child abuse. When domestic violence allegations involve children—either as direct victims or witnesses—additional charges under Penal Code Section 273d may apply, along with involvement from Child Protective Services.
• Restraining order violations. Violating a domestic violence restraining order is a separate criminal offense under Penal Code Section 273.6, even if you believe the underlying order was unjust.

California Legal Requirements For Domestic Violence Charges

Understanding how California prosecutes domestic violence cases—and what defenses apply—is critical to fighting these charges effectively.

Under California law, domestic violence offenses require proof of a qualifying relationship between the accused and the alleged victim. Penal Code Section 13700 defines “domestic violence” as abuse committed against a spouse, former spouse, cohabitant, former cohabitant, person with whom the defendant has a child, or person with whom the defendant has or had a dating relationship.

Prosecutors can pursue domestic violence charges even when the alleged victim does not want to cooperate. Once police are called and a report is made, the decision to file charges rests with the District Attorney—not the accuser. Many alleged victims recant their statements or refuse to testify, but prosecutors may proceed using 911 recordings, photographs, medical records, and statements made to police. Understanding the difference between restraining orders and criminal protective orders helps defendants navigate the restrictions placed on them during prosecution.

Self-defense is a complete defense to domestic violence charges. If you reasonably believed you or someone else was in imminent danger of being harmed, you may use proportional force to defend yourself. A San Diego domestic violence attorney can evaluate whether self-defense applies to your case and gather evidence to support this defense.

False accusations are unfortunately common in domestic violence cases. Allegations may arise from jealousy, revenge, custody disputes, or attempts to gain advantage in divorce proceedings. We investigate the accuser’s motives, prior false allegations, and inconsistencies in their story to expose fabricated claims.

The statute of limitations for misdemeanor domestic violence is generally one year. Felony domestic violence charges must typically be filed within three years under Penal Code Section 801, though certain aggravated offenses have longer limitations periods.

What Are The Penalties For Domestic Violence In San Diego?

Domestic violence penalties are severe and carry consequences that extend far beyond the courtroom. Understanding what you face helps you make informed decisions about your defense.

Misdemeanor Domestic Battery

A conviction for domestic battery under Penal Code Section 243(e)(1) carries up to one year in county jail, fines up to $2,000, and mandatory completion of a 52-week batterer’s intervention program. The court will issue a criminal protective order that may prohibit any contact with the alleged victim for up to ten years. First-time offenders may qualify for diversion programs in limited circumstances.

Felony Corporal Injury

Felony corporal injury under Penal Code Section 273.5 carries two, three, or four years in state prison, fines up to $6,000, and formal probation with mandatory batterer’s intervention. If you have prior domestic violence convictions, penalties increase significantly—up to five years in state prison. Alternative sentencing may be available depending on your circumstances and criminal history.

Protective Order Consequences

Regardless of whether you are convicted, the court will likely issue a criminal protective order during your case. This order may prohibit you from contacting the alleged victim, coming within a certain distance of their home or workplace, and possessing firearms. Violating a protective order is a separate criminal offense that can result in additional jail time.

Firearm Restrictions

A domestic violence conviction—even a misdemeanor—triggers a lifetime federal firearm ban under the Lautenberg Amendment. California law imposes a ten-year firearm prohibition for misdemeanor convictions and a lifetime ban for felonies. If you own firearms, you must surrender them immediately upon conviction.

Immigration Consequences

Domestic violence is considered a “crime of moral turpitude” and an “aggravated felony” under federal immigration law, depending on the specific charge. Non-citizens convicted of domestic violence face deportation, denial of naturalization, and bars to reentry. These consequences can be devastating for lawful permanent residents and visa holders alike.

Custody and Family Law Impact

A domestic violence conviction—or even a pending charge—can dramatically affect child custody proceedings. California Family Code creates a presumption against awarding custody to a parent who has committed domestic violence within the past five years. Accusations alone may result in supervised visitation or loss of custody during the criminal case. A California domestic violence defense lawyer understands how criminal and family court proceedings interact and can help protect your parental rights.

Contact The Law Office Of Elliott Kanter APC

Domestic violence charges threaten your freedom, your family, and your future. False accusations can be just as damaging as legitimate ones—the system does not wait to determine the truth before upending your life. You need an attorney who will fight to protect your rights, challenge the prosecution’s evidence, and tell your side of the story.

Our firm provides free consultations for criminal defense matters. Elliott Kanter will review your case personally, explain your options honestly, and answer your questions directly. Contact us today to schedule your consultation.