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Domestic Violence

Screen Shot 2015-09-01 at 9.57.21 PMBeing charged with a domestic violence (DV) allegation can be a grim and foreboding cloud hanging over your head. You may be feeling overwhelmed by the strength and due process of the system that you are now entangled in. California domestic violence laws are very harsh and rigid, and getting the defense you need by a knowledgeable and experienced criminal attorney is one of the first items of business you need to take care of.

Defining California Domestic Violence Laws

It is illegal in California to use any physical force, or to threaten physical force against an intimate partner, married or not. Here we will define some of the most common domestic violence crimes in laymans terms:

?menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children  Corporal Injury to a Spouse or Cohabitantmenu-item-has-children€”It is illegal to cause bodily injury to a spouse or partner, either present or former, in a violent manner causing visibly injurymenu-item-has-children€”even if its only a bruise or swelling.

?menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children  Domestic Batterymenu-item-has-children€”This law not only covers spouse or partner, it covers fiance, parent of your child, and cohabitant. Inflicting violence or force is a misdemeanor crime, even if there is no visible injury.

?menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children  Child Abusemenu-item-has-children€”It is a crime to inflict bodily punishment or injury on a child if it is deemed menu-item-has-children€œcruel or inhumanmenu-item-has-children€ and only causes even a slight injury. Spanking is allowed unless the punishment is cruel or causes injury to the child.

?menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children  Child Endangermentmenu-item-has-children€”It is illegal to allow a child in your custody or care to suffer any harm or health and safety endangerment, by you or someone in your presence.

?menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children  Elder Abusemenu-item-has-children€”It is a crime to inflict emotional or physical abuse, neglect, endangerment, or in CA, financial fraud on a person 65 years and older.

?menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children menu-item-has-children  Criminal Threatsmenu-item-has-children€”It is a crime to even communicate serious harm or threat to someone in actuality, or even only to scare them.


What About Sentencing?

The sentencing or punishment for domestic violence crimes depends on how serious the injuries are, if any, and the defendants prior criminal record, if any. A criminal attorney can help you sort out the facts and help defend your case to the utmost of the law. Most California counties impose a 30 days minimum jail sentencemenu-item-has-children€”even for a misdemeanor conviction, the first time. In addition, the defendant is almost always required to attend a year menu-item-has-children€“ long class for domestic batterers. If you are convicted of a DV crimemenu-item-has-children€”it goes on your permanent record, and will show up even on a routine background checkmenu-item-has-children€”making it very hard to get gainful employment, benefits, and state licensing.

Innocent Until Proven Guilty?

Almost all California district attorneys offices have created a special prosecuting unit dedicated solely to investigating and prosecuting DV crimes. Even if the accuser changes their mind and does not want to follow through with pressing charges, the DA unit will most likely proceed with the case anyway.

An excellent criminal attorney can help you if you have been wrongly accused of domestic violence or other violent crime. Many times, someone will make a false accusation of abuse or injury out of jealousy or anger, or to try to wrest child custody from a former spouse or partner. Many times an alleged incident may have been an accident, or one may be acting in self menu-item-has-children€“ defense during a joint struggle. You want an attorney that knows California DV laws, and will thoroughly investigate the facts to represent you before the judge and jury.

Where to Go From Here?

If you are facing domestic violence charges in California, you need serious legal and experienced help.

Here at Traffic Ticket Pros, we are a professional Law Firm serving ALL of California. The majority of our cases are traffic ticket related, but we also handle criminal cases, including domestic violence, and Personal Injury cases. Our attorneys have a collective 25+ years of experience and want to help you win your case today.