Domestic violence is an umbrella term that covers a range of charges.
The California Legislature has enacted a number of laws designed to prevent or reduce domestic violence. These laws make it a crime to harm or threaten to harm an intimate partner. The term “domestic violence” covers a range of crimes, including domestic battery and inflicting corporal injury on an intimate partner.
As a domestic violence defense attorney in Riverside, CA can explain, domestic violence is defined as abuse committed against an intimate partner. For the purposes of these laws, an intimate partner includes:
- Current or former spouse
- Current or former registered domestic partner
- Current or former fiancée
- Current or former live-in romantic partner
- A person with whom the defendant has a child with, or
- Someone the defendant is either seriously dating or has seriously dated in the past
A person commits abuse when they intentionally or recklessly use or threaten to use physical force against an intimate partner.
There are a number of potential charges that can be brought under the broad umbrella of domestic violence. These include:
- Corporal injury to a spouse or inhabitant (felony)
- Domestic battery (misdemeanor)
- Child abuse (can be charged as a misdemeanor or a felony)
- Child endangerment (misdemeanor, unless the child is at risk of great bodily injury, in which case it may be charged as a felony)
- Child neglect/failure to provide care (misdemeanor)
- Elder abuse (can be charged as a misdemeanor or a felony)
- Criminal threats (can be charged as a misdemeanor or a felony)
- Stalking (can be charged as a misdemeanor or a felony)
- Damaging a telephone line (can be charged as a misdemeanor or a felony)
- Aggravated trespass (can be charged as a misdemeanor or a felony)
- Revenge porn (misdemeanor)
- Posting harmful information on the internet (misdemeanor)
Misdemeanors are considered less serious offenses than felonies, punishable by up to one year in county jail and/or a fine. If an offense can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history, then it is known as a “wobbler.”
A conviction for any type of crime related to domestic violence can have a range of serious consequences. For example, most California counties impose a mandatory minimum jail sentence of 30 days for a domestic violence conviction. In addition, a person convicted of domestic violence may be ordered to pay restitution to the victim, be ordered to participate in a batters’ program, and will almost always lose their right to possess a firearm. If a person convicted of domestic violence is involved in a custody dispute, it may impact their ability to obtain custody. A domestic violence conviction may also have immigration consequences, including deportation and making a person ineligible to apply for an adjustment of status.
Because the potential consequences of a conviction for domestic violence are so severe, it is important to hire a domestic violence defense attorney in Riverside, CA who has experience handling these types of cases. Based on the facts of your particular case, your lawyer can putt together a strong defense to protect your rights and your freedom.
At the Chambers Law Firm, we are skilled at defending clients from all types of criminal charges — including domestic violence offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
