Domestic Violence Charges Are Not Nearly as Straightforward as Many People Assume

Domestic Violence Charges Are Not Nearly as Straightforward as Many People Assume A number of laws have been passed by the California legislature to prevent or minimize domestic violence. Harming or threatening to harm an intimate partner is illegal under several statutes. Domestic battering and inflicting corporal damage on an intimate partner are examples of crimes included by the phrase “domestic violence.”

The definition of domestic violence

Domestic violence is described as abuse against an intimate partner. An intimate relationship for the purposes of these statutes is defined as:

  • Spouse (current or past)
  • Registered domestic partner (current or past)
  • Fiancée (current or past)
  • Current or previous romantic partner who lives with you

A person commits abuse when they willfully or carelessly use or threaten to use physical force against an intimate partner, such as someone with whom the defendant has a child or someone with whom the defendant is seriously dating or has seriously dated in the past.

Potential charges for domestic violence

Under the wide umbrella of domestic violence, a number of possible accusations can be made. These are some of them:

  • Injury to a spouse or a roommate (felony)
  • Domestic battery (misdemeanor)
  • Child abuse (can be charged as a misdemeanor or a felony)
  • Endangering children (misdemeanor, unless the child is at risk of great bodily injury, in which case it may be charged as a felony)
  • Neglect/failure to care for a child (misdemeanor)
  • Abuse of the elderly (can be charged as a misdemeanor or a felony)
  • Threats of criminal activity (can be charged as a misdemeanor or a felony)
  • Surveillance (can be charged as a misdemeanor or a felony)
  • Trespassing with a vengeance (can be charged as a misdemeanor or a felony)
  • Pornographic retaliation (misdemeanor)
  • Using the internet to disseminate damaging information (misdemeanor)

Misdemeanors are less serious violations than felonies, and they can result in a year in county prison and/or a fine. A “wobbler” is an offense that can be prosecuted as a misdemeanor or a felony depending on the facts of the case and the defendant’s previous history.

Potential consequences for a domestic violence conviction

A conviction for any form of domestic violence offence can result in a variety of harsh repercussions. Domestic violence convictions in most California counties, for example, have a mandatory minimum prison term of 30 days.

In addition, a person convicted of domestic violence may be forced to make reparations to the victim, engage in a batterers’ program, and lose their right to own a handgun virtually invariably. A domestic violence conviction may affect a person’s ability to secure custody if they are involved in a custody battle. A conviction for domestic abuse can have immigration ramifications, including deportation and the inability to seek for adjustment of status.

Because the ramifications of a domestic violence conviction may be so serious, it’s critical to select a domestic violence defense attorney who has handled similar cases before. Your lawyer can put together a solid defense based on the facts of your case to safeguard your rights and freedom. Contact Chambers Law Firm now at 714-760-4088 to request a free legal consultation.

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