Domestic Violence

Recent Posts in Domestic Violence Category

  • Domestic Violence by Default: When Your Child’s Parent Is Involved

    Who Is the Victim? People typically think of domestic violence as a crime between two intimate partners such as spouses, girlfriends, or boyfriends. In reality, California domestic violence laws are more comprehensive. Under California law, an act of violence or abuse can be considered domestic violence if it is perpetrated against any of the following: A current or former spouse A current or ...
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  • Internal Injuries and Corporal Injury Charges

    Investigating Injuries Corporal injury to a spouse is one of the more serious California domestic violence charges. It differs from domestic battery in that the alleged victim must have suffered a traumatic condition for the defendant to be guilty. Loosely defined, a traumatic condition is an injury. Legally defined, a traumatic condition is: “A condition of the body, such as a wound, or internal ...
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  • Aggravated Domestic Battery: The Important Elements

    Complicating Factors Domestic battery is one of California’s domestic violence offenses. Battery is a misdemeanor charge . Although misdemeanors are less serious than felonies , there are certain things that can increase the seriousness of a battery charge. In light of such aggravating circumstances, the offense can be charged as aggravated battery. But aggravated battery is not a domestic ...
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  • Challenging Your Accuser’s Exaggerated Claims

    When Things Get Out of Hand In domestic violence cases, the prosecution process often begins with the alleged victim calling law enforcement. The word of the victim will be taken seriously, and, in most cases, the alleged abuser will be arrested. False accusations are not uncommon in California domestic violence cases. Unfortunately, those that do make false accusations are often emotionally ...
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  • Wobbler Domestic Violence Cases: The Factors Considered

    Two Possibilities Certain domestic violence offenses are considered wobbler crimes. In California, wobbler crimes are those that can be charged as either misdemeanors or felonies. In wobbler crime cases, the prosecuting attorney can decide to file charges as a misdemeanor or a felony. How the prosecutor decides to charge an offense is determined on a case-by-case basis, so it’s important to learn ...
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  • Domestic Violence Convictions and Your Career

    The Effect of a Criminal Conviction on Your Career A domestic violence conviction isn’t like any other criminal conviction. Domestic violence carries a stigma with it that is hard to shake. Even more so than assault, domestic violence offenses are seen as particularly immoral given the nature of the relationship between the defendant and the victim. Men and women face the same stigma, no matter ...
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  • Offensive Touching and Domestic Violence Charges

    The Domestic Violence Threshold Domestic violence is one of the lesser-understood types of California criminal charges, in part because so many different actions can be considered domestic violence and there doesn’t necessarily need to be hard proof of violence. A prosecuting attorney can file domestic violence charges off of very little evidence, even in cases where the victim was never harmed. ...
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  • Lenient DV Sentences: What Public Outcry Means for Defendants

    How Public Opinion Can Affect Criminal Court Proceedings In recent years, there has been growing public outcry over California courts handing down lenient sentences for domestic violence crimes. From the protests that stemmed from the March 2016 sentencing of Brock Turner, the Stanford student who was thought to have “gotten off easy” for sexual assault to the recent proposed sentencing of a ...
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  • Interfering With Domestic Violence Reporting

    Obstructing the Aid Response We rely on law enforcement and EMTs to help us in our time of need. Access to emergency aid is a right, but sometimes this right is violated. In domestic violence cases, in particular, it is not uncommon for the alleged abuser to attempt to prevent the alleged victim from obtaining help. An alleged abuser might commit such an offense in the heat of an argument , but, ...
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  • Defining Injury in Domestic Violence Cases

    Injuries Matter In domestic violence cases, the victim’s injuries or lack thereof play a significant role in how a defendant is charged and sentenced. Because not all domestic violence victims sustain injuries, California law distinguishes between two types of domestic violence charges: spousal battery, which does not require the victim be physically injured, and corporal injury on a spouse , ...
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  • What Happens if a DV Witness Refuses to Testify?

    When the Key Witness Won’t Speak In domestic violence cases, the victim plays an influential role. Often, it is the victim who notifies law enforcement and provides necessary information regarding the offense. If the police decide to file a report, this commences the domestic violence case process. During this first stage in domestic violence cases, the information the victim provides is ...
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  • How to Remove the DV From Domestic Violence Charges

    Is it Possible to Avoid a DV Conviction? False accusations of domestic violence are not uncommon. Unfortunately, once the police have been notified, there is little, if anything, the defendant or the alleged victim can do to stop the case. So what happens when there isn’t enough evidence to convict someone of domestic violence, it’s not clear the violence was not in self-defense , or when the ...
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  • How Long Can a Restraining Order Remain in Effect?

    Restraining Order Duration Periods Restraining orders are commonly issued in cases involving crimes such as assault, harassment, and domestic violence. They can also be issued in certain family law matters. A judge can issue one of a few types of restraining orders, each of which may remain in effect for different periods of time. Understanding how long your restraining order will remain in effect ...
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  • Combating False Allegations of Domestic Violence

    Where’s the Evidence? We like to think that hard evidence is necessary in order to file charges against or convict someone in a criminal court. But this belief in justice can leave you unprepared for the reality of domestic violence cases. Typically, sufficient evidence is required to take legal action against someone, be it filing a restraining order or filing criminal charges. In many cases, ...
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  • How Police Make Domestic Violence Arrests

    A Critical Decision Reports of domestic violence are taken very seriously. When responding to a domestic violence call, it can be difficult for law enforcement to know who is the victim and who is the abuser. Nevertheless, responding officers often make an arrest to prevent further violence from taking place. Being arrested for domestic violence can result is some serious consequences, so it is ...
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  • Domestic Violence Plea Bargains

    A Favorable Exchange In certain criminal cases, a defendant, or, more likely, his or her attorney, may be able to negotiate a plea bargain. A plea bargain is essentially a deal between the defendant and the prosecuting attorney. Typically, the defendant receives a lesser charge in exchange for a guilty plea. Plea bargains serve both the prosecuting attorney’s and the defendant’s interests. The ...
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  • Proving Injury in Domestic Violence Cases

    Tenuous Evidence When it comes to domestic violence offenses, the evidence is sometimes in scarce supply. Consequently, domestic violence cases are some of the toughest a criminal defense attorney will ever handle because of a few key factors. There are often no witnesses to the offense because many domestic violence crimes are committed in the privacy of the defendant’s home. In many cases, it is ...
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  • Can I Be Kicked Out of My Home for Domestic Violence?

    Domestic Violence and Your Domicile A domestic violence conviction can turn your life upside down. It can cost you money, time, and freedom. In conjunction with a domestic violence conviction, a judge can issue a restraining order against the defendant. Restraining order is a general term; there are actually several different types of orders that restrain a person from a victim. Restraining orders ...
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  • 5 Facts You Didn’t Know About Domestic Violence Charges

    Disadvantages of Domestic Violence With many crimes, you can face fines, imprisonment, and probation if convicted. Certain crimes, domestic violence crimes for instance, also result in a host of other consequences, some of which cannot be avoided. Here are five facts about domestic violence charges you may not be aware of. The victim cannot drop the charges . Once the victim notifies the police of ...
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  • Domestic Violence in California: By the Numbers

    It’s All in the Numbers Domestic violence offenses are aggressively prosecuted in California. California employs dedicated prosecution units to ensure every case is prosecuted and each and every guilty defendant is punished. While other criminal offenses aren’t handled with this level of scrutiny, domestic violence offenses rarely slip through the cracks. And once a domestic violence case is ...
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  • What Is a No Contact Order?

    Establishing Legal Protection Victims of domestic violence, assault, harassment and stalking, or other similar crimes often turn to the police to seek help. The police can then help a person ask the court for legal protection. If the court finds reason to believe the victim needs protection, it can issue a protection order. Different protection orders serve different purposes. No-contact orders ...
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  • Emotional Abuse and Domestic Violence

    The Different Types of Abuse Domestic violence is one of the least understood crimes. The terms violence and abuse tend to bring to mind physical injuries, such as broken bones and bruises. In reality, domestic violence goes far beyond such injuries. All acts of domestic violence are a crime in California, whether the victim was seriously injured or not. Domestic violence includes a broad range of ...
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  • Consequences of Multiple Domestic Violence Convictions

    Facing the Penalties A domestic violence conviction will result in several harsh penalties, including jail time and large fines. California takes an aggressive stance toward domestic violence offenses. Dedicated prosecution units handle domestic violence cases, giving defendants very little chance of slipping through the cracks. Even first-time offenses are punished severely in hopes of deterring ...
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  • Does the Severity of Injuries Matter in a DV Case?

    Assessing the Injuries As with many crimes, the facts and circumstances of a domestic violence case will influence how the defendant is charged and sentenced. One of the most important influencing factors in domestic violence (DV) cases is the severity of injuries the victim sustained. More severe injuries typically mean you will face a more serious charge or an enhanced sentence. DV Without ...
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  • Defense of Others and Domestic Violence

    The Right to Defend Others Self-defense can be used as a valid legal defense to many violent crimes, such as assault or battery. We all have a right to self-defense when we need to protect ourselves. We also have the right to defend others from harm. In fact, under California law you can use the self-defense defense to a criminal charge if you were defending someone else. A few specific parameters ...
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