It is not uncommon for someone to face questions after a domestic violence charge is placed against them. With little evidence actually needed to arrest someone, accused individuals may be feeling scared and confused. In this section, you can find answers to some of the common domestic violence questions and better understand what you may be facing.
What is domestic violence?
California Penal Code §273.5 states that domestic violence is the infliction of injury upon an alleged victim. The injury can be sustained from abuse by a person who is living with, dating, or married in the past or present to their alleged offender. A skin injury is required to place someone under arrest, however, the injury may be small (bruises, cuts, welts or scratches.)
What is domestic battery?
Domestic battery falls under California Penal Code §242 and 243(e). Any amount of force that is considered unlawful by the alleged offender against a victim can be considered domestic battery. Attorneys will oftentimes look for key defense tactics such as self-defense, defense of property and unlawful trespassing.
What if minor children are shared between the accused and the alleged victim?
Often times ex-spouses or significant others will allege that they were physical or emotionally abused to gain an upper hand in court cases. If children are shared, this raises a concern of restraining orders and action in Family Courts and things can get very complicated. If you are facing a domestic violence charge and there are children involved between you and the alleged victim, you need to contact an attorney.
Will I go to jail just because I have been accused of domestic violence?
I am proud to say that it is a rarity that my clients who are charged with domestic violence serve any time in jail. Even when the case is settled and a plea is entered, I work very hard to minimize the consequences to my clients. A lot of my clients end up serving work sentences such as 20 hour, 16 week or 52 week domestic violence or anger management programs. Many people greatly benefit from these courses and apply the skills to future relationships to avoid legal issues.
Do I need an attorney?
If you have been charged with a domestic violence disturbance, you should contact an attorney as soon as possible. The quicker you act, the better chance you will have at getting the charges against you dropped. Domestic violence is not taken lightly in California and you could be facing extreme penalties if you are found guilty. Many innocent people in the state are accused of domestic violence by jealous or vengeful exes; you do not need to get caught up in this mess. An attorney can help you build a strong defense case and work with the prosecuting party to get your case dismissed. Contact my firm today for a free consultation.