Office of the City Attorney
If you or someone you know is a victim of abuse, DVLINKS confidential counselors will help connect you with and Advocate. They will provide you with information on confidential DV shelters, counseling referrals, safety planning and other valuable resources.
California law defines domestic violence as abuse committed against an adult or a minor who is a spouse, former spouse, roommate, former roommates, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship (California Penal Code Section 13700 (b)).
Once the Office of the City Attorney receives a police report regarding the crime, we either call or send a letter to the victim, depending on whether the suspect is in custody. If you have not been contacted by the Office of the City Attorney yet and have questions, please contact a Victim Services Coordinator at 619-533-5544.
California Law has been crafted with victim’s safety in mind. When a domestic violence crime is reported to the police and the peace officer has probable cause to believe domestic violence has occurred, even if it did not occur in their presence, the officer may make an arrest.
The prosecutor has a duty to seek justice. When a prosecutor charges a defendant with a crime it is based on evidence that the prosecutor believes can be proven beyond a reasonable doubt to a jury. Sometimes a victim or witness does not want a case to go forward. In these situations, a prosecutor may still pursue criminal charges based on the evidence, severity of the conduct, harm to the victim, and in the interest of justice and public safety.
You can view the Victims’ Bill of Rights, more commonly called Marsy’s Law or Marsy’s Rights.
Victims of Domestic Violence crimes may be eligible for compensation from the California Victim Compensation Board (CalVCB). Qualifying services include medical and dental care, mental health services, income loss, funeral expenses, rehabilitation, and relocation. If you need assistance with these expenses call CalVCB at: 1-800-777-9229 or visit their website. You can also contact the Office of the City Attorney for more information at 619-533-5544.
A Deputy City Attorney will customarily request a judge to issue a Criminal Protective Order to protect the victim from future domestic violence, even when the victim does not want an order. If a defendant pleads guilty and is placed on probation, there is a legal requirement for the court to issue a Criminal Protective Order. For more personalized answers to your questions, please contact a Victim Service Coordinator or Deputy City Attorney at 619-533-5544.
Please contact a Victim Service Coordinator at (619) 533-5544 for information on the modification process.
You may request and file for a Temporary Restraining Order at the following locations. You may also find more information at the Superior Court of San Diego’s Website.
A Criminal Protective Order is issued by a Judge in pending criminal court case or as part of a criminal sentence. Criminal Protective Orders can only be modified by the Judge at a court hearing. A Civil Domestic Violence Restraining Order is issued by a Judge in civil court based on certain evidence and at the request of a victim or petitioner. Civil orders may be modified in court at the victim’s request.
Victims of domestic violence are entitled to a free copy of their police report. If you would like a copy of your police report, you can go to the police department who took the report. For San Diego Police Department Reports, go to the San Diego Police Department headquarters at 1401 Broadway, San Diego, or the Family Justice Center at 1122 Broadway, San Diego.
The easiest way to find out the status of your case is to call the City Attorney's Office. Provide us with the police report number and we will check our records. Typically, the police submit cases to our office, or the San Diego District Attorney's Office, to review for criminal charges. Depending on the crime and a host of other factors, case processing times vary. Please contact a Victim Service Coordinator at 619-533-5544 for further information.
If you have more evidence related to a crime, please contact the police detective working on your case. They will collect the new information or evidence you have gathered. If you are not sure who is working on your case, please contact a Victim Service Coordinator at 619-533-5544.
If there is evidence of property damage, at the time of sentencing, the Deputy City Attorney will request and a judge will order defendant to pay for losses. Remember, recovery is limited to damage that was caused by or occurred during the domestic violence incident. The defendant is entitled to a hearing on the amount of restitution. Make sure to stay in communication with the Victim Services Coordinator or Deputy City Attorney for post-sentencing updates.
Contact the City Attorney’s Office if you have not received court scheduled restitution payments. A Victim Services Coordinator will help determine the status of your restitution.
The City Attorney’s Office can only ethically file charges that can be proven to a jury beyond a reasonable doubt. Each case is unique and a Deputy City Attorney reviews each individual case to determine whether there is sufficient evidence to file criminal charges. Please call our office to discuss with a Deputy City Attorney why your case could not be filed.