domestic violence

January 24, 2025

Defending False Accusations of Domestic Violence

One in ten accusations of domestic violence are false: that is according to a 2023 survey, Most of these allegations target a male, although women, too, have been falsely accused. If you are on the receiving end of false accusations, you need an aggressive and dedicated criminal defense attorney looking out for your rights.

Reasons for False Accusations

Both families and the justice system are in peril when malignant and untrue accusations of domestic violence are leveled against an innocent individual. According to The National Registry of Exonerations, perjury and false allegations result in a whopping 61% of wrongful convictions. Regrettably, these sorts of claims are often made by divorcing parents as a means to create parental alienation between children and their other parent. The claims are frequently a cruel form of vengeance, though they may also be the result of mental health issues or influence from family and friends. Regardless of the motivation, it is possible to fight back, and that is happening with more and more frequency these days.

Fighting Back

There have been a number of high-profile cases in the news of false allegations that did not pan out as planned by accusers:

Ashley Smithline was forced to retract rape accusations against Marilyn Manson, admitting that she had been pressured to accuse him.
Amber Heard found herself forking over $1 million to the accused after she made false and defamatory accusations of domestic violence against Johnny Depp.
Charges against Armie Hammer were dropped after he provided proof that he was in a different city at the time of the alleged violence.

Penalties for False Reporting

To be clear, an accusation of abuse that is false is a misdemeanor in California, subject to penalties based on the severity of the offense. If the case makes it to trial and the accuser engages in perjury, they could be charged with a felony and face four years in prison, in addition to substantial fines.

Defending Against False Accusations

It can be unsettling to be accused of something you didn’t do, especially if it could result in the fracturing of your family. A vigorous defense requires that you remain calm and be smart:

Never respond with anger.
Document all interactions with the accuser thoroughly, and save all communications like phone messages, texts, emails, and so forth.
Avoid social media and public discussions of the matter.
If the accuser gets a restraining order, obey it to the letter.
When you go in for the pretrial hearing, calmly and convincingly refute false testimony with solid proof. Don’t fall for any emotional ploys or attempts to get you to react with anger.

August 4, 2023

Charges of Teen Dating Violence

by David M. Boertje

Many parents may not appreciate the fact that dating violence fits under the umbrella of domestic violence. This is a reality that both teens and young adults deal with every day. Dating violence involves both victims and abusers. While it may be impossible to envision your child as a perpetrator of domestic violence, being aware of the signs and symptoms of abusive behavior is crucial if such behavior is to be eliminated before it becomes a pattern. By the same token, teens who have been falsely accused of such behaviors need protection. If your teen has been accused of this kind of behavior and has been charged with criminal actions, it will be necessary to provide a strong defense in order to avoid serious penalties.

Dating Violence is Widespread

Teen dating violence (TDV) is a serious issue, which is why California statute is so harsh. It is defined as any verbal, emotional, physical, economic, technological, stalking, or sexual abuse among adolescents ages 10 to 24. Consider these national statistics:

1.5 million high schoolers are directly affected by dating violence annually.
One in four eighth and ninth graders report having suffered dating violence, and nearly 10% report having experienced sexual abuse.
One in ten students in high school report being physically harmed by someone with whom they are in a romantic relationship.
The majority of students who report incidents of acquaintance rape say drugs or alcohol were being used at the time of the incident.

Penalties

A guilty conviction for domestic battery in California could mean your teen will be jailed for up to a year, in addition to being fined $2,000. If your teen is charged with domestic violence, it is a felony, and the time behind bars jumps up to as long as four years while the fine triples to $6,000. Sexual assault could face four years in prison and a $10,000 fine, and a rape conviction could mean up to eight years in prison and $25,000 in fines.

Before Dating Violence Becomes an Issue

Eight in 10 parents surveyed report they do not know much about teen violence, or they do not believe teen violence is an issue. This reveals the need for parents to learn about and intervene with the issue before it becomes a problem!

Model and discuss what healthy social relationships look like and the feeling they engender before teens start dating.
Teach teens effective and assertive communication skills.
Discuss the warning signs of DTV, such as extreme demands, jealousy, and controlling behaviors.
Make it a point to talk to your teen often about their social life, and provide your teen with the knowledge they need to make healthy decisions.
Encourage teens to talk to you right away if things do not feel right in their relationships, and then listen without judgment.
If you suspect a problem, get help.

July 29, 2022

Strategies Prosecutors Use to Secure A Guilty Verdict in Domestic Abuse Cases

by David M. Boertje

No criminal conviction looks good on your record or reflects well on you in the eyes of others. Some convictions carry a serious stigma that affects the way others perceive you. As a result, when you are done serving your sentence, you may have a difficult time doing all of the things that others with a clean record can do. Certain charges can make life after prison extremely difficult. Domestic violence charges are one example of this.

Just the accusation of domestic abuse can impact your reputation. When you are convicted on criminal domestic abuse charges, it can be devastating to your future. If you have been arrested for domestic abuse in California, trust the experienced and resourceful legal counsel of the San Diego domestic violence defense attorney David M. Boertje. We are standing by to help.

Prosecution Strategies Against Domestic Violence Offenders in California

The prosecution will look at every aspect of your case to mount a strategy against you that secures a conviction. The tactics they use are stealthy, so it is best to understand what you could potentially encounter. The following tactics are commonly used by aggressive prosecutors:

A prosecutor may advocate for a plaintiff to secure a protective order even when both the defendant and the plaintiff are on track to work things out cooperatively and safely. With a protective order in place, there can be no communication between these parties, which inhibits the amicable resolution of important issues.
When domestic abuse accusations are made, the “always believe the victim” mentality kicks in. As the alleged perpetrator, it is your credibility that the prosecutor will scrutinize and aim to tarnish.
If you even try to speak to potential witnesses or if you try to connect with the party who has brought the abuse charges against you, a prosecutor will frame this as you trying to intimidate these individuals.
Recordings of phone calls you make while incarcerated may be used against you. Think carefully about what you say and to whom you reach out.
Your entire life will be put on the line as evidence that you are capable of domestic abuse. So, even if you have made a mistake in the past that is completely unrelated to your current situation, if it can benefit the prosecution’s argument, they are going to use it as a means to harm you and persuade a judge and jury that you should be found guilty.

December 3, 2021

Facing Domestic Violence Charges in California

by David M. Boertje

Domestic violence charges can result from a wide array of actions. In California, the most common domestic violence charges are filed when one party physically harms another with whom they were intimate at some point. This type of corporal or physical punishment between intimate parties can have criminal implications if reported to law enforcement. Domestic violence charges in California can be at the felony or misdemeanor level.

Being arrested for domestic violence, even if you are not charged, can greatly damage your reputation and negatively impact your life for the long term. Such accusations can tear families apart and even have professional ramifications. Guarding yourself against domestic violence charges is incredibly important. If you were arrested for a domestic violence incident in the greater San Diego area, the San Diego domestic violence attorney at the Law Offices of David M. Boertje offers effective and strategic legal defense services that may help you secure the best possible outcome for your case.

Basics of Domestic Abuse in California

Domestic violence is not just restricted to adult men; people of all genders and ages have the potential to harm a loved one. Also, abuse happens in every environment including those that are rural, in the city, or in the suburbs. Additionally, no one race is immune from domestic violence nor is any income level.

The National Coalition Against Domestic Violence reports that as many as 20 people every minute will be a victim of domestic abuse in the United States. This means that over 10 million people annually will be the victims of abuse.

There are several contributing factors common in many domestic abuse situations:

People who have witnessed abuse as a child can come to believe that is how to interact with others.
Being a victim of abuse at some point in a person’s life can lead them to be abusive, too.
As a matter of routine, a couple may go through the progressions and stages of violence, cycling from calm to intense rage.
Individuals experiencing certain mental health issues may act out violently. Schizophrenia, depression, and post-traumatic stress disorder are a few examples.
Drug and alcohol use can cause a person to act differently when they have a substance in their system than they would if they were sober.
A person who was raised without examples and guidance on proper values may translate into an adult that is also unable to judge what is acceptable and what is not.

Every domestic abuse situation is unique, and the contributing factors will vary from couple to couple.

If you are struggling with managing your anger, understanding why can make all the difference. There are programs and supportive resources that can help you cope with your internal strife. Looking at root causes and putting efforts toward getting better and changing behavior can not only keep you and your partner together in a healthy relationship, but it can also improve your overall quality of life. It can also keep you out of trouble with the law. Continue reading

July 9, 2021

What Causes People to Lie About Domestic Abuse in California?

by David M. Boertje

No one should have to be the victim of domestic violence, but this type of abuse is prevalent around the country and the globe. In the United States alone, approximately 20 people every minute are victimized at the hands of a person with whom they have an intimate relationship. Yet, even though domestic violence is a very serious and real problem in the United States, there are also countless instances of people being falsely accused of the crime.

When a person is accused of domestic violence in California, they face severe criminal penalties and public shame. Jail time, fines, and developing a criminal record can result from a conviction. Even when there is no conviction, the accusations alone can follow a person and may lead to many negative life outcomes such as losing a job or a shattered reputation.

Top Reasons Why False Domestic Violence Accusations are Made

It is disturbing and unfair when a person lies about domestic violence. It is particularly concerning for a person who is on the receiving end of these false allegations. The top reasons why people lie about domestic abuse include:

When a couple is parting ways by means of divorce or separation and especially when children are involved, claiming that the home environment was unsafe because of domestic abuse is a way to strengthen one party’s case for child custody.
When intimate relationships fail, the amount of emotion involved can be high. Especially if the dissolution of a relationship was not mutual, jealousy and rage can motivate a person to say things that aren’t true about their ex. This need for revenge can easily provoke a person to tell lies to hurt someone.
When tensions are high and a disagreement becomes intense, one party involved may misunderstand the situation and feel like domestic abuse happened when it did not.
If someone has something that another person wants, greed may be what prompts a person to say that domestic violence and other abuse took place.

If you were accused of domestic violence in California, you have to get the most experienced and skilled California criminal defense attorney to examine your case and develop a winning strategy to beat your charges. When the assertions made about you are untrue or if you do not believe that your actions constitute domestic violence, then David M. Boertje is a San Diego domestic violence defense attorney who can aggressively handle your case and fight so that you see the best outcome possible. Continue reading

April 24, 2020

Chula Vista Woman Murdered: Police Search for Husband

by David M. Boertje

There was a call to the Chula Vista Police Department on Sunday, March 29 about a physical fight between a couple in their home. The fight was between a married couple and resulted in the death of the 35-year-old wife. A manhunt ensued for the husband, 37-year-old Francisco Uriarte, who was believed to be on the run in the San Diego area.

Police warned the public that Uriarte was considered to be armed and dangerous. Authorities believed that he was armed with a knife and a gun. According to Chula Vista police Lt. Dan Peak, it was possible that Uriarte may go to a local hospital for medical attention as he likely had severe injuries to his hands.

Reports describe the incident, which took place a bit after 1:30 a.m., as a call to the Chula Vista Police Department for a domestic violence situation. When officers arrived at the Villa Granada Apartments located on Oxford Street east of Broadway, they were met by the couple’s three children. They then found their mother in the apartment unresponsive.

The authorities indicated that the children witnessed the fight. The children told officers that their father killed their mother. The woman died in the apartment before she was able to be transported to the hospital. The children were not harmed during the fight. Lt. Peak did not confirm the children’s ages and also would not release the name of the deceased woman until her family was notified.

Domestic Violence in California

According to the National Coalition Against Domestic Violence, 32.9% of women in California are victims of physical violence at the hands of their intimate partner. There were close to 175,000 incidents of domestic violence-related to calls to authorities in 2007 and many more incidents were not reported. In 40% of the cases reported, weapons were involved.

The two-year period between 2009 and 2011 in California saw an increase in deaths from domestic violence by 11%, even while the state reported a decrease in the homicide rate. Approximately 11.8% of all homicides in the state of California are a result of domestic violence.

Do You Need a Domestic Violence Defense Attorney in California?

Domestic violence charges are serious in California and come with significant consequences. Misdemeanor convictions could land you in jail for up to one year. If you are charged with a felony for domestic violence you could be facing up to two years in prison. The San Diego domestic violence defense attorneys at the Law Offices of David M. Boertje know that the criminal justice system will often rule in favor of the accuser. Continue reading

August 23, 2019

Domestic Violence Among Family Members in San Diego

by David M. Boertje

Domestic violence is a problem that occurs far too often in San Diego. According to the San Diego Domestic Violence Council, 17,000 domestic violence incidents are reported to law enforcement in San Diego County each year. When people think of domestic violence, they usually imagine a dispute between a couple. Unfortunately, domestic violence is not an act that solely happens between couples, it happens between families – siblings, cousins, aunts and uncles, even in-laws. Domestic violence not only affects the adults in the situation, domestic violence also negatively impacts the children.

What is Domestic Violence?

Domestic violence is a violent crime that occurs when a person imposes abuse or harm to another, be it a family member or partner. California Penal Code 13700(b) defines domestic violence as abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.

Abuse means to intentionally or recklessly causing or attempting to cause bodily injury, or placing another in a position to cause serious bodily injury to himself or another person.

Example of Family Domestic Violence Among Family

A perfect example of family domestic is a July 23, 2019, story in NBC 7 News San Diego. The story discusses three adults being charged due to a family fight while at Disneyland. Children were screaming and witnesses helped to break up the fight.

A man is accused of attacking his sister, brother-in-law and girlfriend and endangering children who were with the family. The altercation was seen by several witnesses and bystanders. The man is facing felony counts of domestic battery, assault, criminal threats and child endangerment while the other family members are facing misdemeanor charges.

Handling a Domestic Violence Accusation

If you are being accused of domestic violence, here are some ways you can protect yourself:

Gather evidence in your favor. Written statements, text messages, emails, and photos will help to show the status of your relationship with your accuser. If your criminal history is clean, get a report. This way, no one will be able to establish this pattern of behavior.
Maintain your distance. Avoid contact and communication with your accuser. If you must talk to him or her, take note of any and all communications with the accuser. This means, if you talk to the accuser on the phone, record the conversation. Otherwise, communicate through text message or email.

Contact a Criminal Defense Attorney. Do not pursue the accusation alone. Domestic violence accusations are emotional and can take a toll on your well-being. Discuss the accusation with a knowledgeable criminal attorney in your area. The attorney will establish a defense and help you navigate the procedures concerning the case.

July 10, 2018

California Domestic Violence Laws

by David M. Boertje

California’s domestic violence laws cover several sections of the Penal Code. At the heart of these laws is a familial or intimate relationship between the parties. The parties can be spouses, former spouses, cohabitants, former cohabitants, or be in an active dating relationship. Many times, the parties share children or one of them has children from a previous relationship.

Domestic Violence Charges

The most common domestic violence charge in California is Penal Code Section 273.5. This criminal offense is charged when an individual inflicts injury on a spouse, cohabitant, parent, or dating partner. When filing charges against a defendant in domestic violence cases, the prosecutor weighs the severity of the conduct and harm to the victim with the other circumstances of the event. The defendant may be charged with assault, if during an argument with his or her partner, he or she throws something at the other and causes an injury. If the object thrown is a mobile telephone that breaks, a charge may be added for domestic violence property damage.

Protective Orders

Victims of domestic violence can apply for emergency protective orders and restraining orders in both civil and criminal court on simple fear of a domestic violence situation. The offending partner may be ordered out of the home and restrained from any communication with the other partner. If there are children, the offending partner’s contact with them may also be prohibited during the pendency of the criminal case. Visitation and custody will be difficult to maintain during the pendency of the criminal action.

Technology and Abuse

New patterns of behavior in domestic violence cases are emerging relating to the use of technology. Many people own smartphones and smart devices at home that enable them to connect to items in the home, even if the person is not in the home. Items like cameras, thermostats, lights, locks, and speakers can be used to harass, monitor, revenge and control a domestic partner. All of these devices create logs of activity and records that are then used to support domestic violence charges.

A PERSON IN A DANGEROUS EMERGENCY SITUATION REQUIRING

IMMEDIATE INTERVENTION SHOULD CALL 911 FOR ASSISTANCE. Continue reading

October 28, 2015

Two Parents Arrested After Child Found in ‘Deplorable Conditions’

by David M. Boertje

The parents of two children allegedly found in ‘deplorable conditions’ were arrested in San Jacinto, according to the Riverside County Sheriff’s Department. Deputies and Child Protective Services (CPS) arrived at the 1600 block of Santa Fe Avenue after receiving a report about child abuse. The report to CPS came from an employee of the children’s school district. Authorities said they found two children “deliberately confined” to a room under “deplorable conditions” without access to a restroom or basic necessities. Deputies believe the children lived in that condition for more than one year. It was determined that this confinement occurred only during night time.

The children’s parents, Emily Tardy, 29, and Steven Crane, 38, were arrested for alleged child abuse. The Riverside County District Attorney’s Office decided not to charge the couple with felony child abuse and instead charge them with misdemeanor child endangerment. Both are being held on $35,000 bail. They each pleaded not guilty to all counts and are scheduled to be back in court on Oct. 9.

California Penal Code 273(a) – Child Endangerment

August 27, 2015

Recent Arrest of UFC Fighter Highlights Complexity of Domestic Violence Law

by David M. Boertje

The recent arrest of retired UFC fighter Chris Leben in San Diego in connection with an incident between the fighter and his estranged wife serves as a cautionary tale of the seriousness of domestic violence charges in California.

Mr. Leben was arrested on multiple charges, including the violation of a restraining order. Though Mr. Leben’s recent arrest was not based on charges of assault or domestic violence, the restraining order obtained by his wife makes reference to physical violence. However, Mr. Leben has strongly denied any and all charges of domestic violence and claims that, in fact, he has been the victim of years of domestic violence at the hands of his wife. In a recent interview, Mr. Leben highlighted how charges of domestic violence pose a significant threat to his character and his livelihood.

Domestic Violence in California