Domestic violence refers to an act of violence against a domestic partner. There are a lot of factors to consider when it comes to domestic violence charges. Keep reading to learn more.
How Is Domestic Violence Defined in California?
California Penal Code 13700 defines domestic violence as abusing an intimate partner. Abuse refers to recklessly or intentionally using or threatening to use physical force against an intimate partner. Various crimes fall under domestic violence as long as they meet this definition.
For a free legal consultation with a domestic violence lawyer serving Glendale, call (310) 896-2723
Who Is Involved in Domestic Violence Charges?
Domestic violence involves committing specific offenses against an intimate partner. Under California domestic violence law, an intimate partner refers to:
- A current or former spouse.
- Someone you reside with or have resided within the same house.
- A person with whom you have a child together.
- Someone who you are seriously dating or were dating in the past.
- The alleged victim’s defendant.
- Brothers and sisters.
- Grandchildren.
- Aunts or uncles.
- Nephews or nieces.
- Grandparents.
- Stepbrothers and stepsisters.
Glendale Domestic Violence Lawyer Near Me (310) 896-2723
What Acts Fall Under the Category of Domestic Violence in California?
Various actions are regarded as acts of domestic violence in California. You should note that these actions cut across different offenses regarded as domestic violence, as discussed below. Here are different actions that are regarded as domestic violence when committed to any of the people described.
- Shoving or kicking
- Cutting
- Sexually abusing
- Slapping, punching, or hitting
- Restraining at home
- Biting
- Hair-pulling
- Name-calling
- Criticizing the victim constantly
- Psychological abuse
- Threatening, cyberstalking, and intimidating
- Marital rape
These represent a long list of actions that can have you charged with domestic violence in California. Police officers will charge you with domestic violence if your actions prove that you abused your intimate partner.
Click to contact our Glendale Criminal Defense Lawyers today
What Offenses Are Considered Domestic Violence Under California Laws?
Now that you understand various actions that are considered domestic violence, here are examples of crimes that you might be charged with.
- Domestic battery
- Corporal Injury to a spouse or cohabitant
- Child endangerment
- Child abuse
- Child neglect
- Aggravated trespass
- Aggravated assault
- Assault
- Elder abuse
- Stalking
- Revenge porn
- Posting harmful information on the internet
- Damaging a telephone line
- Stalking
These crimes can either be charged as felonies or misdemeanors. Therefore, you should expect different penalties based on the crime category you’re charged with.
Complete a Free Case Evaluation form now
What Happens After You’ve Been Arrested with Domestic Violence in California?
Once you’ve been arrested for domestic violence, you can be charged with a specific crime from the list above. Only one type of domestic abuse is a straight felony: Corporal injury to a spouse under California Penal Code 273.5.
The following charges are wobblers, meaning that you can be charged as a felony or misdemeanor.
- Aggravated trespass
- Elder abuse
- Stalking
- Damage to a phone line
- Criminal threats
- Child endangerment
- Child abuse
The kind of punishment you’ll face depends on the specific crime you’ve been charged with. A misdemeanor could result in one year in county jail and a fine of up to $2,000. Felonies, such as corporal injury to your spouse, can lead to four years in prison.
Domestic violence can lead to additional consequences, including:
- Mandatory minimum jail time for thirty days, even for first-time misdemeanors
- Pay the victim’s restitution or domestic violence fund
- Participate in a batter’s program
- Loss of your custody rights
- Permanent criminal records
- Loss of your gun rights
- Restraining order
Reasons Why You Should Hire a Domestic Violence Attorney
There’s nothing more comforting than having an attorney by your side when you’re facing domestic violence charges. Your attorney can help you understand your legal charges and help you prepare for what may come. Here are other benefits that come with hiring a lawyer.
Reduces Potential Consequences
This is the most significant reason why you should hire a domestic violence attorney. The attorney knows everything about these charges and will try to do everything within their capacity to dismiss your charges or have the potential consequences reduced.
Grants the Opportunity for More Lenient Restraining Orders
Domestic violence victims can seek restraining orders. Restraining orders can restrain you from contacting your family. However, by involving an attorney, you can negotiate for more lenient requirements and have a chance to speak to your family.
Provide Better Circumstances with Your Children
Harsh restraining orders can prevent you from seeing or speaking to your kids. Hiring an attorney can help you negotiate the terms of the restraining order and seek to see or speak to your children as soon as possible.
Easier to Seek a Plea Bargain
An attorney can help you seek a plea bargain when your case is going to court. A plea bargain can help you avoid spending time in jail or paying hefty fines. Instead, you might be able to enter into a diversion program or decrease your fines.
Faster Process
By hiring an attorney, you may be able to speed up every step in your domestic violence case and get a more favorable outcome than you could alone. This is crucial in helping you get back to your normal life and get in touch with your loved ones.
Ability to Demand Discovery
A domestic violence attorney knows which evidence is more likely to prove your innocence. They are better positioned to demand an exchange of information from the alleged victim’s defense and gather relevant information needed for the trial. They can also help determine whether the evidence presented by the prosecution has loopholes that require further investigations or was obtained in a questionable manner.
Contact a Glendale Domestic Violence Attorney Today
The charges you’re accused of determine the legal defense you’ll need. That’s why you should obtain the services of a domestic violence attorney to reduce the possibility of getting a restraining order against you that can impact your daily rights.
Our domestic violence lawyer at Simmrin Law Group is here to fight aggressively to protect your rights. Contact us today and schedule a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form